1.1 	A bill for an act
1.2 	relating to state government; making changes to health and human services 
1.3 	policy provisions; creating a pharmacy audit integrity program; changing health 
1.4 	care program provisions; requiring a nonemergency medical transportation 
1.5 	proposal; creating the Minnesota Autism Spectrum Task Force; prohibiting state 
1.6 	funds for abortions; changing human services program provisions; amending 
1.7 	health occupation licensing provisions; prohibiting licenses to certain individuals 
1.8 	with felony-level criminal sexual conduct offenses; creating the Pain-Capable 
1.9 	Unborn Child Protection Act; requiring reports; imposing civil and criminal 
1.10 	penalties;amending Minnesota Statutes 2010, sections 62J.497, subdivision 
1.11 	2; 145.4131, subdivision 1; 148.10, subdivision 7; 148.231; 148B.5301, 
1.12 	subdivisions 1, 3, 4; 148B.54, subdivisions 2, 3; 148E.060, subdivisions 1, 2, 
1.13 	3, 5, by adding a subdivision; 148E.120; 149A.50, subdivision 1; 150A.02; 
1.14 	150A.06, subdivisions 1c, 3, 4, 6; 150A.09, subdivision 3; 150A.105, subdivision 
1.15 	7; 150A.106, subdivision 1; 150A.14; 214.09, by adding a subdivision; 214.103; 
1.16 	245.50; 245A.11, subdivision 2a; 245A.14, subdivisions 1, 4; 256.0112, by 
1.17 	adding a subdivision; 256.962, by adding a subdivision; 256B.04, subdivision 
1.18 	14a; 256B.0625, subdivisions 3c, 17; 256B.0911, subdivision 3a; 256B.0915, 
1.19 	subdivisions 3e, 3h; 256B.19, subdivision 1e; 256B.441, subdivision 55a; 
1.20 	256B.4912, subdivision 2; 256B.69, by adding a subdivision; 256D.44, 
1.21 	subdivision 5; 256J.49, subdivision 13; 364.09; Laws 2010, chapter 349, sections 
1.22 	1; 2; proposing coding for new law in Minnesota Statutes, chapters 8; 145; 151; 
1.23 	214; repealing Minnesota Statutes 2010, section 256J.575, subdivision 2.
1.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.25 	ARTICLE 1
1.26 	HEALTH CARE

1.27 	Section 1. Minnesota Statutes 2010, section 62J.497, subdivision 2, is amended to read:
1.28 		Subd. 2.Requirements for electronic prescribing. (a) Effective January 1, 2011, 
1.29 	all providers, group purchasers, prescribers, and dispensers must establish, maintain, 
1.30 	and use an electronic prescription drug program. This program must comply with the 
2.1 	applicable standards in this section for transmitting, directly or through an intermediary, 
2.2 	prescriptions and prescription-related information using electronic media.
2.3 	(b) If transactions described in this section are conducted, they must be done 
2.4 	electronically using the standards described in this section. Nothing in this section 
2.5 	requires providers, group purchasers, prescribers, or dispensers to electronically conduct 
2.6 	transactions that are expressly prohibited by other sections or federal law.
2.7 	(c) Providers, group purchasers, prescribers, and dispensers must use either HL7 
2.8 	messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related 
2.9 	information internally when the sender and the recipient are part of the same legal entity. If 
2.10 	an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard 
2.11 	or other applicable standards required by this section. Any pharmacy within an entity 
2.12 	must be able to receive electronic prescription transmittals from outside the entity using 
2.13 	the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health 
2.14 	Insurance Portability and Accountability Act (HIPAA) requirement that may require the 
2.15 	use of a HIPAA transaction standard within an organization.
2.16 	(d) Notwithstanding paragraph (a), effective January 1, 2016, providers and 
2.17 	prescribers who practice at a clinic where two or fewer physicians practice must establish, 
2.18 	maintain, and use an electronic prescription drug program that complies with the 
2.19 	applicable standards in this section.

2.20 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2011.

2.21 	Sec. 2. [151.60] PHARMACY AUDIT INTEGRITY PROGRAM.
2.22 	The pharmacy audit integrity program is established to provide standards for an 
2.23 	audit of pharmacy records carried out by a managed care company, insurance company, 
2.24 	Medicare Part B audit contractors, third-party payer, pharmacy benefits manager, or any 
2.25 	entity that represents such companies.

2.26 	EFFECTIVE DATE. This section is effective for claims adjudicated on or after 
2.27 	January 1, 2011.

2.28 	Sec. 3. [151.61] DEFINITIONS.
2.29 		Subdivision 1.Scope. For the purposes of sections 151.60 to 151.66, the following 
2.30 	terms have the meanings given.
2.31 		Subd. 2.Audit contractor. "Audit contractor" means a contractor that detects and 
2.32 	corrects improper payments for an entity.
3.1 		Subd. 3.Entity. "Entity" means a managed care company, an insurance company, a 
3.2 	third-party payer, a pharmacy benefits manager, or any other organization that represents 
3.3 	these companies, groups, or organizations.
3.4 		Subd. 4.Insurance company. "Insurance company" means any corporation, 
3.5 	association, benefit society, exchange, partnership, or individual engaged as principal in 
3.6 	the business of insurance.
3.7 		Subd. 5.Managed care company. "Managed care company" means the entity or 
3.8 	organization that handles health care and financing.
3.9 		Subd. 6.Pharmacy benefits manager or PBM. "Pharmacy benefits manager" 
3.10 	or "PBM" means a person, business, or other entity that performs pharmacy benefits 
3.11 	management. The term includes a person or entity acting for a PBM in a contractual or 
3.12 	employment relationship in the performance of pharmacy benefits management for a 
3.13 	managed care company, nonprofit hospital or medical service organization, or insurance 
3.14 	company.
3.15 		Subd. 7.Third-party payer. "Third-party payer" means an organization other than 
3.16 	the patient or health care provider involved in the financing of personal health services.

3.17 	EFFECTIVE DATE. This section is effective for claims adjudicated on or after 
3.18 	January 1, 2011.

3.19 	Sec. 4. [151.62] PHARMACY BENEFIT MANAGER CONTRACT.
3.20 	(a) A pharmacy benefit manager (PBM) contract that is altered or amended by that 
3.21 	entity may be substituted for a current contract but is not effective without the written 
3.22 	consent of a pharmacy. The pharmacy must receive a copy of the proposed contract 
3.23 	changes or renewal along with a disclosure by the PBM of all material changes in terms of 
3.24 	the contract or methods of reimbursement from the previous contract.
3.25 	(b) An amendment or change in terms of an existing contract between a PBM and a 
3.26 	pharmacy must be disclosed to the pharmacy at least 120 days prior to the effective date 
3.27 	of the proposed change. A PBM may not alter or amend a PBM contract, or impose 
3.28 	any additional contractual obligation on a pharmacy, unless the PBM complies with the 
3.29 	requirements in this section.

3.30 	EFFECTIVE DATE. This section is effective for claims adjudicated on or after 
3.31 	January 1, 2011.

3.32 	Sec. 5. [151.63] PROCEDURES FOR CONDUCTING AND REPORTING AN 
3.33 	AUDIT.
4.1 	(a) Any entity conducting a pharmacy audit must follow the following procedures:
4.2 	(1) a pharmacy must be given a written notice at least 14 business days before an 
4.3 	initial on-site audit is conducted;
4.4 	(2) an audit that involves clinical or professional judgment must be conducted by or 
4.5 	in consultation with a pharmacist licensed in this state or the Board of Pharmacy;
4.6 	(3) the period covered by the audit may not exceed 18 months from the date that the 
4.7 	claim was submitted to or adjudicated by the entity, unless a longer period is permitted 
4.8 	under federal law;
4.9 	(4) the PBM may not audit more than 40 prescriptions per audit;
4.10 	(5) the audit may not take place during the first seven business days of the month 
4.11 	due to the high volume of prescriptions filled during that time unless consented to by 
4.12 	the pharmacy;
4.13 	(6) the pharmacy may use the records of a hospital, physician, or other authorized 
4.14 	practitioner to validate the pharmacy record and delivery and include a medication 
4.15 	administration record;
4.16 	(7) any legal prescription which meets the requirements in this chapter may be used 
4.17 	to validate claims in connection with prescriptions, refills, or changes in prescriptions, 
4.18 	including medication administration records, faxes, e-prescriptions, or documented 
4.19 	telephone calls from the prescriber or their agents;
4.20 	(8) audit parameters must use consumer-oriented parameters based on manufacturer 
4.21 	listings or recommendations;
4.22 	(9) a pharmacy's usual and customary price for compounded medications is 
4.23 	considered the reimbursable cost unless an alternate price is published in the provider 
4.24 	contract and signed by both parties;
4.25 	(10) each pharmacy shall be audited under the same standards and parameters as 
4.26 	other similarly situated pharmacies;
4.27 	(11) the entity conducting the audit must establish a written appeals process which 
4.28 	must include appeals of preliminary reports and final reports;
4.29 	(12) if either party is not satisfied with the appeal, that party may seek mediation; and
4.30 	(13) if copies of records are requested by the auditing entity, the entity will pay 25 
4.31 	cents per page to cover costs incurred to the pharmacy.
4.32 	(b) The entity conducting the audit shall also comply with the following 
4.33 	requirements:
4.34 	(1) auditors may not enter the pharmacy area where patient-specific information is 
4.35 	available and must be out of sight and hearing range of the pharmacy customers;
4.36 	(2) the pharmacy must provide an area for auditors to conduct their business;
5.1 	(3) a finding of overpayment or underpayment must be based on the actual 
5.2 	overpayment or underpayment and not a projection based on the number of patients served 
5.3 	having a similar diagnosis or on the number of similar orders or refills for similar drugs;
5.4 	(4) in the case of errors which have no financial harm to the patient or plan, the PBM 
5.5 	must not assess any chargebacks;
5.6 	(5) calculations of overpayments must not include dispensing fees, unless a 
5.7 	prescription was not actually dispensed or the prescriber denied authorization;
5.8 	(6) the entity conducting the audit shall not use extrapolation in calculating the 
5.9 	recoupment or penalties for audits;
5.10 	(7) any recoupment will not be deducted against future remittances and shall be 
5.11 	invoiced to the pharmacy for payment;
5.12 	(8) recoupment may not be assessed for items on the face of a prescription not 
5.13 	required by the Minnesota Board of Pharmacy;
5.14 	(9) the auditing company or agent may not receive payment based on a percentage 
5.15 	of the amount recovered;
5.16 	(10) interest may not accrue during the audit period, which begins with the notice of 
5.17 	audit and ends with the final audit report;
5.18 	(11) an entity may not consider any clerical or record keeping error, such as a 
5.19 	typographical error, scrivener's error, or computer error regarding a required document or 
5.20 	record as fraud; however, such errors may be subject to recoupment; and
5.21 	(12) a person shall not be subject to criminal penalties for errors provided for in 
5.22 	clause (11) without proof of intent to commit fraud.

5.23 	EFFECTIVE DATE. This section is effective for claims adjudicated on or after 
5.24 	January 1, 2011.

5.25 	Sec. 6. [151.64] AUDIT INFORMATION AND REPORTS.
5.26 	(a) A preliminary audit report must be delivered to the pharmacy within 30 days 
5.27 	after the conclusion of the audit.
5.28 	(b) A pharmacy must be allowed at least 30 days following receipt of the preliminary 
5.29 	audit to provide documentation to address any discrepancy found in the audit.
5.30 	(c) A final audit report must be delivered to the pharmacy within 90 days after 
5.31 	receipt of the preliminary audit report or final appeal, whichever is later.
5.32 	(d) No chargeback, recoupment, or other penalties may be assessed until the appeals 
5.33 	process has been exhausted and the final report issued.
6.1 	(e) An entity shall remit any money due to a pharmacy or pharmacist as a result of 
6.2 	an underpayment of a claim within 30 days after the appeals process has been exhausted 
6.3 	and the final audit report has been issued.
6.4 	(f) Where not superseded by state or federal law, audit information may not be 
6.5 	shared. Auditors shall only have access to previous audit reports on a particular pharmacy 
6.6 	conducted by that same auditing entity.

6.7 	EFFECTIVE DATE. This section is effective for claims adjudicated on or after 
6.8 	January 1, 2011.

6.9 	Sec. 7. [151.65] DISCLOSURES TO PLAN SPONSOR.
6.10 	An auditing entity must provide a copy of the final report to the plan sponsor whose 
6.11 	claims were included in the audit, and the money shall be returned to the plan sponsor and 
6.12 	the co-payment shall be returned directly to the patient.

6.13 	EFFECTIVE DATE. This section is effective for claims adjudicated on or after 
6.14 	January 1, 2011.

6.15 	Sec. 8. [151.66] APPLICABILITY OF OTHER LAWS AND REGULATIONS.
6.16 	(a) Sections 151.60 to 151.65 do not apply to any investigative audit that involves 
6.17 	fraud, willful misrepresentation, or abuse, including without limitation:
6.18 	(1) insurance fraud;
6.19 	(2) billing for services not furnished or supplies not provided;
6.20 	(3) billing that appears to be a deliberate application for duplicate payment for 
6.21 	the same services or supplies, billing both the beneficiary and the PBM or payer for the 
6.22 	same service;
6.23 	(4) altering claim forms, electronic claim records, and medical documentation to 
6.24 	obtain a higher payment amount;
6.25 	(5) soliciting, offering, or receiving a kickback or bribe;
6.26 	(6) participating in schemes that involve collusion between a provider and a 
6.27 	beneficiary, or between a supplier and a provider, and result in higher costs or charges to 
6.28 	the entity;
6.29 	(7) misrepresentations of dates and descriptions of services furnished or the identity 
6.30 	of the beneficiary or the individual who furnished the services;
6.31 	(8) billing for prescriptions without a prescription on file, when over-the-counter 
6.32 	items are dispensed;
6.33 	(9) dispensing prescriptions using outdated drugs;
7.1 	(10) billing with the wrong National Drug Code (NDC) or billing for a brand name 
7.2 	when a generic drug is dispensed;
7.3 	(11) not crediting the payer for medications or parts of prescriptions that were not 
7.4 	picked up within 14 days;
7.5 	(12) billing the payer a higher price than the pharmacy's usual and customary charge 
7.6 	to the general public; and
7.7 	(13) billing for a product when there is no proof that the product was purchased.
7.8 	(b) All cases of suspected fraud or violations of law must be reported by the auditor 
7.9 	to the Board of Pharmacy.

7.10 	EFFECTIVE DATE. This section is effective for claims adjudicated on or after 
7.11 	January 1, 2011.

7.12 	Sec. 9. Minnesota Statutes 2010, section 256.962, is amended by adding a subdivision 
7.13 	to read:
7.14 		Subd. 8.Coverage dates. The commissioner, upon the request of a managed care 
7.15 	or county-based purchasing plan, shall include the end of coverage dates on the monthly 
7.16 	rosters of medical assistance and MinnesotaCare enrollees provided to the plans. The 
7.17 	commissioner may assess plans a fee for the cost of producing the monthly roster of 
7.18 	enrollees with end of coverage dates.

7.19 	Sec. 10. Minnesota Statutes 2010, section 256B.04, subdivision 14a, is amended to 
7.20 	read:
7.21 		Subd. 14a.Level of need determination. Nonemergency medical transportation 
7.22 	level of need determinations must be performed by a physician, a registered nurse working 
7.23 	under direct supervision of a physician, a physician's assistant, a nurse practitioner, a 
7.24 	licensed practical nurse, or a discharge planner.
7.25 	 Nonemergency medical transportation level of need determinations must not be 
7.26 	performed more than annually on any individual, unless the individual's circumstances 
7.27 	have sufficiently changed so as to require a new level of need determination. An entity 
7.28 	shall not charge, and the commissioner shall not pay, more than $25 for performing a 
7.29 	level of need determination regarding any person receiving nonemergency medical 
7.30 	transportation, including special transportation.
7.31 	Special transportation services to eligible persons who need a stretcher-accessible 
7.32 	vehicle from a hospital are exempt from a level of need determination if the special 
7.33 	transportation services have been ordered by the eligible person's physician, registered 
8.1 	nurse working under direct supervision of a physician, physician's assistant, nurse 
8.2 	practitioner, licensed practical nurse, or discharge planner pursuant to Medicare guidelines.
8.3 	 Individuals transported to or residing in licensed nursing facilities are exempt from a 
8.4 	level of need determination and are eligible for special transportation services until the 
8.5 	individual no longer resides in a licensed nursing facility. If a person authorized by this 
8.6 	subdivision to perform a level of need determination determines that an individual requires 
8.7 	stretcher transportation, the individual is presumed to maintain that level of need until 
8.8 	otherwise determined by a person authorized to perform a level of need determination, or 
8.9 	for six months, whichever is sooner.

8.10 	Sec. 11. Minnesota Statutes 2010, section 256B.0625, subdivision 3c, is amended to 
8.11 	read:
8.12 		Subd. 3c.Health Services Policy Committee. (a) The commissioner, after 
8.13 	receiving recommendations from professional physician associations, professional 
8.14 	associations representing licensed nonphysician health care professionals, and consumer 
8.15 	groups, shall establish a 13-member Health Services Policy Committee, which consists of 
8.16 	12 voting members and one nonvoting member. The Health Services Policy Committee 
8.17 	shall advise the commissioner regarding health services pertaining to the administration of 
8.18 	health care benefits covered under the medical assistance, general assistance medical care, 
8.19 	and MinnesotaCare programs, only as authorized in paragraphs (b) to (e), subdivision 53, 
8.20 	and section 256B.043, subdivision 1. The Health Services Policy Committee shall meet at 
8.21 	least quarterly. The Health Services Policy Committee shall annually elect a physician 
8.22 	chair from among its members, who shall work directly with the commissioner's medical 
8.23 	director, to establish the agenda for each meeting. The Health Services Policy Committee 
8.24 	shall also recommend criteria for verifying centers of excellence for specific aspects of 
8.25 	medical care where a specific set of combined services, a volume of patients necessary to 
8.26 	maintain a high level of competency, or a specific level of technical capacity is associated 
8.27 	with improved health outcomes.
8.28 	(b) The commissioner shall establish a dental subcommittee to operate under the 
8.29 	Health Services Policy Committee. The dental subcommittee consists of general dentists, 
8.30 	dental specialists, safety net providers, dental hygienists, health plan company and 
8.31 	county and public health representatives, health researchers, consumers, and a designee 
8.32 	of the commissioner of health. The dental subcommittee shall advise the commissioner 
8.33 	regarding:
8.34 	(1) the critical access dental program under section 256B.76, subdivision 4, including 
8.35 	but not limited to criteria for designating and terminating critical access dental providers;
9.1 	(2) any changes to the critical access dental provider program necessary to comply 
9.2 	with program expenditure limits;
9.3 	(3) dental coverage policy based on evidence, quality, continuity of care, and best 
9.4 	practices;
9.5 	(4) the development of dental delivery models; and
9.6 	(5) dental services to be added or eliminated from subdivision 9, paragraph (b).
9.7 	(c) The Health Services Policy Committee shall study approaches to making 
9.8 	provider reimbursement under the medical assistance, MinnesotaCare, and general 
9.9 	assistance medical care programs contingent on patient participation in a patient-centered 
9.10 	decision-making process, and shall evaluate the impact of these approaches on health 
9.11 	care quality, patient satisfaction, and health care costs. The committee shall present 
9.12 	findings and recommendations to the commissioner and the legislative committees with 
9.13 	jurisdiction over health care by January 15, 2010.
9.14 	(d) The Health Services Policy Committee shall monitor and track the practice 
9.15 	patterns of physicians providing services to medical assistance, MinnesotaCare, and 
9.16 	general assistance medical care enrollees under fee-for-service, managed care, and 
9.17 	county-based purchasing. The committee shall focus on services or specialties for 
9.18 	which there is a high variation in utilization across physicians, or which are associated 
9.19 	with high medical costs. The commissioner, based upon the findings of the committee, 
9.20 	shall regularly notify physicians whose practice patterns indicate higher than average 
9.21 	utilization or costs. Managed care and county-based purchasing plans shall provide the 
9.22 	commissioner with utilization and cost data necessary to implement this paragraph, and 
9.23 	the commissioner shall make this data available to the committee.
9.24 	(e) The Health Services Policy Committee shall review caesarean section rates 
9.25 	for the fee-for-service medical assistance population. The committee may develop best 
9.26 	practices policies related to the minimization of caesarean sections, including but not 
9.27 	limited to standards and guidelines for health care providers and health care facilities.

9.28 	Sec. 12. Minnesota Statutes 2010, section 256B.0625, subdivision 17, is amended to 
9.29 	read:
9.30 		Subd. 17.Transportation costs. (a) Medical assistance covers medical 
9.31 	transportation costs incurred solely for obtaining emergency medical care or transportation 
9.32 	costs incurred by eligible persons in obtaining emergency or nonemergency medical 
9.33 	care when paid directly to an ambulance company, common carrier, or other recognized 
9.34 	providers of transportation services. Medical transportation must be provided by:
9.35 	(1) an ambulance, as defined in section 144E.001, subdivision 2;
10.1 	(2) special transportation; or
10.2 	(3) common carrier including, but not limited to, bus, taxicab, other commercial 
10.3 	carrier, or private automobile.
10.4 	(b) Medical assistance covers special transportation, as defined in Minnesota Rules, 
10.5 	part 9505.0315, subpart 1, item F, if the recipient has a physical or mental impairment that 
10.6 	would prohibit the recipient from safely accessing and using a bus, taxi, other commercial 
10.7 	transportation, or private automobile.
10.8 	The commissioner may use an order by the recipient's attending physician to certify that 
10.9 	the recipient requires special transportation services. Special transportation providers 
10.10 	shall perform driver-assisted services for eligible individuals. Driver-assisted service 
10.11 	includes passenger pickup at and return to the individual's residence or place of business, 
10.12 	assistance with admittance of the individual to the medical facility, and assistance in 
10.13 	passenger securement or in securing of wheelchairs or stretchers in the vehicle. Special 
10.14 	transportation providers must obtain written documentation from the health care service 
10.15 	provider who is serving the recipient being transported, identifying the time that the 
10.16 	recipient arrived. Special transportation providers may not bill for separate base rates for 
10.17 	the continuation of a trip beyond the original destination. Special transportation providers 
10.18 	must take recipients to the nearest appropriate health care provider, using the most direct 
10.19 	route as determined by a commercially available mileage software program approved by 
10.20 	the commissioner. The minimum medical assistance reimbursement rates for special 
10.21 	transportation services are:
10.22 	(1) (i) $17 for the base rate and $1.35 per mile for special transportation services to 
10.23 	eligible persons who need a wheelchair-accessible van;
10.24 	(ii) $11.50 for the base rate and $1.30 per mile for special transportation services to 
10.25 	eligible persons who do not need a wheelchair-accessible van; and
10.26 	(iii) $60 for the base rate and $2.40 per mile, and an attendant rate of $9 per trip, for 
10.27 	special transportation services to eligible persons who need a stretcher-accessible vehicle;
10.28 	(2) the base rates for special transportation services in areas defined under RUCA 
10.29 	to be super rural shall be equal to the reimbursement rate established in clause (1) plus 
10.30 	11.3 percent; and
10.31 	(3) for special transportation services in areas defined under RUCA to be rural 
10.32 	or super rural areas:
10.33 	(i) for a trip equal to 17 miles or less, mileage reimbursement shall be equal to 125 
10.34 	percent of the respective mileage rate in clause (1); and
10.35 	(ii) for a trip between 18 and 50 miles, mileage reimbursement shall be equal to 
10.36 	112.5 percent of the respective mileage rate in clause (1).
11.1 	(c) For purposes of reimbursement rates for special transportation services under 
11.2 	paragraph (b), the zip code of the recipient's place of residence shall determine whether 
11.3 	the urban, rural, or super rural reimbursement rate applies.
11.4 	(d) For purposes of this subdivision, "rural urban commuting area" or "RUCA" 
11.5 	means a census-tract based classification system under which a geographical area is 
11.6 	determined to be urban, rural, or super rural.

11.7 	Sec. 13. Minnesota Statutes 2010, section 256B.0911, subdivision 3a, is amended to 
11.8 	read:
11.9 		Subd. 3a.Assessment and support planning. (a) Persons requesting assessment, 
11.10 	services planning, or other assistance intended to support community-based living, 
11.11 	including persons who need assessment in order to determine waiver or alternative care 
11.12 	program eligibility, must be visited by a long-term care consultation team within 15 
11.13 	calendar days after the date on which an assessment was requested or recommended. After 
11.14 	January 1, 2011, these requirements also apply to personal care assistance services, private 
11.15 	duty nursing, and home health agency services, on timelines established in subdivision 5. 
11.16 	Face-to-face assessments must be conducted according to paragraphs (b) to (i).
11.17 	(b) The county may utilize a team of either the social worker or public health nurse, 
11.18 	or both. After January 1, 2011, lead agencies shall use certified assessors to conduct the 
11.19 	assessment in a face-to-face interview. The consultation team members must confer 
11.20 	regarding the most appropriate care for each individual screened or assessed.
11.21 	(c) The assessment must be comprehensive and include a person-centered 
11.22 	assessment of the health, psychological, functional, environmental, and social needs of 
11.23 	referred individuals and provide information necessary to develop a support plan that 
11.24 	meets the consumers needs, using an assessment form provided by the commissioner.
11.25 	(d) The assessment must be conducted in a face-to-face interview with the person 
11.26 	being assessed and the person's legal representative, as required by legally executed 
11.27 	documents, and other individuals as requested by the person, who can provide information 
11.28 	on the needs, strengths, and preferences of the person necessary to develop a support plan 
11.29 	that ensures the person's health and safety, but who is not a provider of service or has any 
11.30 	financial interest in the provision of services. For persons who are to be assessed for 
11.31 	elderly waiver customized living services under section 256B.0915, with the permission 
11.32 	of the person being assessed or the person's designated or legal representative, the client's 
11.33 	current or proposed provider of services may submit a copy of the provider's nursing 
11.34 	assessment or written report outlining their recommendations regarding the client's care 
11.35 	needs. The person conducting the assessment will notify the provider of the date by which 
12.1 	this information is to be submitted. This information shall be provided to the person 
12.2 	conducting the assessment prior to the assessment.
12.3 	(e) The person, or the person's legal representative, must be provided with written 
12.4 	recommendations for community-based services, including consumer-directed options, 
12.5 	or institutional care that include documentation that the most cost-effective alternatives 
12.6 	available were offered to the individual. For purposes of this requirement, "cost-effective 
12.7 	alternatives" means community services and living arrangements that cost the same as or 
12.8 	less than institutional care.
12.9 	(f) If the person chooses to use community-based services, the person or the person's 
12.10 	legal representative must be provided with a written community support plan, regardless 
12.11 	of whether the individual is eligible for Minnesota health care programs. A person may 
12.12 	request assistance in identifying community supports without participating in a complete 
12.13 	assessment. Upon a request for assistance identifying community support, the person must 
12.14 	be transferred or referred to the services available under sections 256.975, subdivision 7, 
12.15 	and 256.01, subdivision 24, for telephone assistance and follow up.
12.16 	(g) The person has the right to make the final decision between institutional 
12.17 	placement and community placement after the recommendations have been provided, 
12.18 	except as provided in subdivision 4a, paragraph (c).
12.19 	(h) The team must give the person receiving assessment or support planning, or 
12.20 	the person's legal representative, materials, and forms supplied by the commissioner 
12.21 	containing the following information:
12.22 	(1) the need for and purpose of preadmission screening if the person selects nursing 
12.23 	facility placement;
12.24 	(2) the role of the long-term care consultation assessment and support planning in 
12.25 	waiver and alternative care program eligibility determination;
12.26 	(3) information about Minnesota health care programs;
12.27 	(4) the person's freedom to accept or reject the recommendations of the team;
12.28 	(5) the person's right to confidentiality under the Minnesota Government Data 
12.29 	Practices Act, chapter 13;
12.30 	(6) the long-term care consultant's decision regarding the person's need for 
12.31 	institutional level of care as determined under criteria established in section 144.0724, 
12.32 	subdivision 11, or 256B.092; and
12.33 	(7) the person's right to appeal the decision regarding the need for nursing facility 
12.34 	level of care or the county's final decisions regarding public programs eligibility according 
12.35 	to section 256.045, subdivision 3.
13.1 	(i) Face-to-face assessment completed as part of eligibility determination for 
13.2 	the alternative care, elderly waiver, community alternatives for disabled individuals, 
13.3 	community alternative care, and traumatic brain injury waiver programs under sections 
13.4 	256B.0915, 256B.0917, and 256B.49 is valid to establish service eligibility for no more 
13.5 	than 60 calendar days after the date of assessment. The effective eligibility start date 
13.6 	for these programs can never be prior to the date of assessment. If an assessment was 
13.7 	completed more than 60 days before the effective waiver or alternative care program 
13.8 	eligibility start date, assessment and support plan information must be updated in a 
13.9 	face-to-face visit and documented in the department's Medicaid Management Information 
13.10 	System (MMIS). The effective date of program eligibility in this case cannot be prior to 
13.11 	the date the updated assessment is completed.

13.12 	Sec. 14. Minnesota Statutes 2010, section 256B.0915, subdivision 3e, is amended to 
13.13 	read:
13.14 		Subd. 3e.Customized living service rate. (a) Payment for customized living 
13.15 	services shall be a monthly rate authorized by the lead agency within the parameters 
13.16 	established by the commissioner. The payment agreement must delineate the amount of 
13.17 	each component service included in the recipient's customized living service plan. The 
13.18 	lead agency, with input from the provider of customized living services, shall ensure that 
13.19 	there is a documented need within the parameters established by the commissioner for all 
13.20 	component customized living services authorized.
13.21 	(b) The payment rate must be based on the amount of component services to be 
13.22 	provided utilizing component rates established by the commissioner. Counties and tribes 
13.23 	shall use tools issued by the commissioner to develop and document customized living 
13.24 	service plans and rates.
13.25 	(c) Component service rates must not exceed payment rates for comparable elderly 
13.26 	waiver or medical assistance services and must reflect economies of scale. Customized 
13.27 	living services must not include rent or raw food costs.
13.28 	(d) The individualized monthly authorized payment for the customized living 
13.29 	service plan shall not exceed 50 percent of the greater of either the statewide or any 
13.30 	of the geographic groups' weighted average monthly nursing facility rate of the case 
13.31 	mix resident class to which the elderly waiver eligible client would be assigned under 
13.32 	Minnesota Rules, parts 9549.0050 to 9549.0059, less the maintenance needs allowance 
13.33 	as described in subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in 
13.34 	which the resident assessment system as described in section 256B.438 for nursing 
13.35 	home rate determination is implemented. Effective on July 1 of the state fiscal year in 
14.1 	which the resident assessment system as described in section 256B.438 for nursing 
14.2 	home rate determination is implemented and July 1 of each subsequent state fiscal year, 
14.3 	the individualized monthly authorized payment for the services described in this clause 
14.4 	shall not exceed the limit which was in effect on June 30 of the previous state fiscal year 
14.5 	updated annually based on legislatively adopted changes to all service rate maximums for 
14.6 	home and community-based service providers.
14.7 	(e) Customized living services are delivered by a provider licensed by the 
14.8 	Department of Health as a class A or class F home care provider and provided in a 
14.9 	building that is registered as a housing with services establishment under chapter 144D.

14.10 	Sec. 15. Minnesota Statutes 2010, section 256B.0915, subdivision 3h, is amended to 
14.11 	read:
14.12 		Subd. 3h.Service rate limits; 24-hour customized living services. (a) The 
14.13 	payment rate for 24-hour customized living services is a monthly rate authorized by the 
14.14 	lead agency within the parameters established by the commissioner of human services. 
14.15 	The payment agreement must delineate the amount of each component service included 
14.16 	in each recipient's customized living service plan. The lead agency, with input from 
14.17 	the provider of customized living services, shall ensure that there is a documented need 
14.18 	within the parameters established by the commissioner for all component customized 
14.19 	living services authorized. The lead agency shall not authorize 24-hour customized living 
14.20 	services unless there is a documented need for 24-hour supervision.
14.21 	(b) For purposes of this section, "24-hour supervision" means that the recipient 
14.22 	requires assistance due to needs related to one or more of the following:
14.23 	(1) intermittent assistance with toileting, positioning, or transferring;
14.24 	(2) cognitive or behavioral issues;
14.25 	(3) a medical condition that requires clinical monitoring; or
14.26 	(4) for all new participants enrolled in the program on or after January 1, 2011, 
14.27 	and all other participants at their first reassessment after January 1, 2011, dependency 
14.28 	in at least two of the following activities of daily living as determined by assessment 
14.29 	under section 256B.0911: bathing; dressing; grooming; walking; or eating; and needs 
14.30 	medication management and at least 50 hours of service per month. The lead agency shall 
14.31 	ensure that the frequency and mode of supervision of the recipient and the qualifications 
14.32 	of staff providing supervision are described and meet the needs of the recipient.
14.33 	(c) The payment rate for 24-hour customized living services must be based on the 
14.34 	amount of component services to be provided utilizing component rates established by the 
15.1 	commissioner. Counties and tribes will use tools issued by the commissioner to develop 
15.2 	and document customized living plans and authorize rates.
15.3 	(d) Component service rates must not exceed payment rates for comparable elderly 
15.4 	waiver or medical assistance services and must reflect economies of scale.
15.5 	(e) The individually authorized 24-hour customized living payments, in combination 
15.6 	with the payment for other elderly waiver services, including case management, must not 
15.7 	exceed the recipient's community budget cap specified in subdivision 3a. Customized 
15.8 	living services must not include rent or raw food costs.
15.9 	(f) The individually authorized 24-hour customized living payment rates shall not 
15.10 	exceed the 95 percentile of statewide monthly authorizations for 24-hour customized 
15.11 	living services in effect and in the Medicaid management information systems on March 
15.12 	31, 2009, for each case mix resident class under Minnesota Rules, parts 9549.0050 
15.13 	to 9549.0059, to which elderly waiver service clients are assigned. When there are 
15.14 	fewer than 50 authorizations in effect in the case mix resident class, the commissioner 
15.15 	shall multiply the calculated service payment rate maximum for the A classification by 
15.16 	the standard weight for that classification under Minnesota Rules, parts 9549.0050 to 
15.17 	9549.0059, to determine the applicable payment rate maximum. Service payment rate 
15.18 	maximums shall be updated annually based on legislatively adopted changes to all service 
15.19 	rates for home and community-based service providers.
15.20 	(g) Notwithstanding the requirements of paragraphs (d) and (f), the commissioner 
15.21 	may establish alternative payment rate systems for 24-hour customized living services in 
15.22 	housing with services establishments which are freestanding buildings with a capacity of 
15.23 	16 or fewer, by applying a single hourly rate for covered component services provided 
15.24 	in either:
15.25 	(1) licensed corporate adult foster homes; or
15.26 	(2) specialized dementia care units which meet the requirements of section 144D.065 
15.27 	and in which:
15.28 	(i) each resident is offered the option of having their own apartment; or
15.29 	(ii) the units are licensed as board and lodge establishments with maximum capacity 
15.30 	of eight residents, and which meet the requirements of Minnesota Rules, part 9555.6205, 
15.31 	subparts 1, 2, 3, and 4, item A.

15.32 	Sec. 16. Minnesota Statutes 2010, section 256B.19, subdivision 1e, is amended to read:
15.33 		Subd. 1e.Additional local share of certain nursing facility costs. Beginning 
15.34 	January 1, 2011, or on the first day of the second month following federal approval, 
15.35 	whichever occurs later, local government entities that own the physical plant or are the 
16.1 	license holders of nursing facilities receiving rate adjustments under section 256B.441, 
16.2 	subdivision 55a, shall be responsible for paying the portion of nonfederal costs calculated 
16.3 	under section 256B.441, subdivision 55a, paragraph (d). Payments of the nonfederal share 
16.4 	shall be made monthly to the commissioner in amounts determined in accordance with 
16.5 	section 256B.441, subdivision 55a, paragraph (d). Payments for each month beginning 
16.6 	in January 2011 on the effective date of the rate adjustment through September 2015 shall 
16.7 	be due by the 15th day of the following month. If any provider obligated to pay an amount 
16.8 	under this subdivision is more than two months delinquent in the timely payment of the 
16.9 	monthly installment, the commissioner may withhold payments, penalties, and interest in 
16.10 	accordance with the methods outlined in section 256.9657, subdivision 7a.

16.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.12 	Sec. 17. Minnesota Statutes 2010, section 256B.441, subdivision 55a, is amended to 
16.13 	read:
16.14 		Subd. 55a.Alternative to phase-in for publicly owned nursing facilities. (a) For 
16.15 	operating payment rates implemented between January 1, 2011, or on the first day of the 
16.16 	second month following federal approval, whichever occurs later, and September 30, 
16.17 	2015, the commissioner shall allow nursing facilities whose physical plant is owned or 
16.18 	whose license is held by a city, county, or hospital district to apply for a higher payment 
16.19 	rate under this section if the local government entity agrees to pay a specified portion of 
16.20 	the nonfederal share of medical assistance costs. Nursing facilities that apply shall be 
16.21 	eligible to select an operating payment rate, with a weight of 1.00, up to the rate calculated 
16.22 	in subdivision 54, without application of the phase-in under subdivision 55. The rates for 
16.23 	the other RUG's levels shall be computed as provided under subdivision 54.
16.24 	(b) Rates determined under this subdivision shall take effect beginning January 1, 
16.25 	2011, or on the first day of the second month following federal approval, whichever occurs 
16.26 	later, based on cost reports for the rate year ending September 30, 2009, and in future rate 
16.27 	years, rates determined for nursing facilities participating under this subdivision shall take 
16.28 	effect on October 1 of each year, based on the most recent available cost report.
16.29 	(c) Eligible nursing facilities that wish to participate under this subdivision shall 
16.30 	make an application to the commissioner by September 30, 2010, or by June 30 of any 
16.31 	subsequent year prior to June 30, 2015. Participation under this subdivision is irrevocable.
16.32 	If paragraph (a) does not result in a rate greater than what would have been provided 
16.33 	without application of this subdivision, a facility's rates shall be calculated as otherwise 
16.34 	provided and no payment by the local government entity shall be required under paragraph 
16.35 	(d).
17.1 	(d) For each participating nursing facility, the public entity that owns the physical 
17.2 	plant or is the license holder of the nursing facility shall pay to the state the entire 
17.3 	nonfederal share of medical assistance payments received as a result of the difference 
17.4 	between the nursing facility's payment rate under subdivision 54, paragraph (a), and 
17.5 	the rates that the nursing facility would otherwise be paid without application of this 
17.6 	subdivision under subdivision 55 as determined by the commissioner.
17.7 	(e) The commissioner may, at any time, reduce the payments under this subdivision 
17.8 	based on the commissioner's determination that the payments shall cause nursing facility 
17.9 	rates to exceed the state's Medicare upper payment limit or any other federal limitation. If 
17.10 	the commissioner determines a reduction is necessary, the commissioner shall reduce all 
17.11 	payment rates for participating nursing facilities by a percentage applied to the amount of 
17.12 	increase they would otherwise receive under this subdivision and shall notify participating 
17.13 	facilities of the reductions. If payments to a nursing facility are reduced, payments under 
17.14 	section 256B.19, subdivision 1e, shall be reduced accordingly.

17.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

17.16 	Sec. 18. Minnesota Statutes 2010, section 256B.69, is amended by adding a 
17.17 	subdivision to read:
17.18 		Subd. 9c.Limitation on reporting. Except as provided in subdivision 5a, 
17.19 	paragraph (c), relating to the attainment of performance targets, subdivision 9, paragraph 
17.20 	(a), relating to reporting of encounter data, and as expressly required by Code of Federal 
17.21 	Regulations, title 42, part 438, demonstration providers shall not be required to report data 
17.22 	to the commissioner, nor file reports derived from data reported to the commissioner, 
17.23 	unless the commissioner determines that this reporting is necessary for the commissioner 
17.24 	to provide oversight and ensure accountability related to expenditures under this section.

17.25 	Sec. 19. NONEMERGENCY MEDICAL TRANSPORTATION SINGLE 
17.26 	ADMINISTRATIVE STRUCTURE PROPOSAL.
 17.27 	(a) The commissioner of human services shall develop a proposal to create a single 
17.28 	administrative structure for providing nonemergency medical transportation services to 
17.29 	fee-for-service medical assistance recipients. The proposal must consolidate access and 
17.30 	special transportation into one administrative structure with the goal of standardizing 
17.31 	eligibility determination processes, scheduling arrangements, billing procedures, data 
17.32 	collection, and oversight mechanisms in order to enhance coordination, improve 
17.33 	accountability, and lessen confusion.
17.34 	(b) In developing the proposal, the commissioner shall:
18.1 	(1) examine the current responsibilities performed by the counties and the 
18.2 	Department of Human Services and consider the shift in costs if these responsibilities are 
18.3 	changed;
18.4 	(2) identify key performance measures to assess the cost-effectiveness of 
18.5 	nonemergency medical transportation statewide, including a process to collect, audit, 
18.6 	and report data;
18.7 	(3) develop a statewide complaint system for medical assistance recipients using 
18.8 	special transportation;
18.9 	(4) establish a standardized billing process;
18.10 	(5) establish a process that provides public input from interested parties before 
18.11 	special transportation eligibility policies are implemented or significantly changed;
18.12 	(6) establish specific eligibility criteria that include the frequency of eligibility 
18.13 	assessments and the length of time a recipient remains eligible for special transportation;
18.14 	(7) develop a reimbursement method to compensate volunteers for no-load miles 
18.15 	when transporting recipients to or from health-related appointments; and
18.16 	(8) establish specific eligibility criteria to maximize the use of public transportation 
18.17 	by recipients who are without a physical, mental, or other impairment that would prohibit 
18.18 	safely accessing and using public transportation.
18.19 	(c) In developing the proposal, the commissioner shall consult with the 
18.20 	Nonemergency Medical Transportation Advisory Council established under paragraph (d).
18.21 	(d) The commissioner shall establish the Nonemergency Medical Transportation 
18.22 	Advisory Council to assist the commissioner in developing a single administrative 
18.23 	structure for providing nonemergency medical transportation services. The council shall 
18.24 	be comprised of: 
18.25 	(1) one representative each from the Departments of Human Services and 
18.26 	Transportation; 
18.27 	(2) one representative each from the following organizations: the Minnesota State 
18.28 	Council on Disability, the Minnesota Consortium for Citizens with Disabilities, ARC of 
18.29 	Minnesota, the Association of Minnesota Counties, the R-80 Medical Transportation 
18.30 	Coalition, the Minnesota Para Transit Association, Legal Aid, the Minnesota Ambulance 
18.31 	Association, the National Alliance on Mental Illness, the Minnesota Transportation 
18.32 	Providers Alliance, and the Minnesota Inter-County Association; and 
18.33 	(3) four members from the house of representatives, two from the majority party and 
18.34 	two from the minority party, appointed by the speaker of the house, and four members 
18.35 	from the senate, two from the majority party and two from the minority party, appointed 
18.36 	by the Subcommittee on Committees of the Committee on Rules and Administration.
19.1 	The council is governed by Minnesota Statutes, section 15.059, except that members 
19.2 	shall not receive per diems. The commissioner of human services shall fund all costs 
19.3 	related to the council from existing resources.
19.4 	(e) The commissioner shall submit the proposal and draft legislation necessary for 
19.5 	implementation to the chairs and ranking minority members of the senate and house of 
19.6 	representatives committees or divisions with jurisdiction over health care policy and 
19.7 	finance by January 15, 2012.

19.8 	Sec. 20. RECOVERY FROM BROKER.
 19.9 	(a) If deemed appropriate after a review by the Attorney General's office, the 
19.10 	commissioner of human services, in cooperation with the commissioner of management 
19.11 	and budget, shall recover from any broker of nonemergency medical transportation 
19.12 	services all administrative amounts paid in excess of the original agreed-upon amount as 
19.13 	stated in a contract or compensation agreement that provided for the total compensation 
19.14 	for administrative services in each state fiscal year not to exceed a specific agreed-upon 
19.15 	amount for fiscal years 2005, 2006, 2007, 2008, 2009 and 2010.
19.16 	(b) Recoveries under this section shall be based on the findings of the Office of 
19.17 	the Legislative Auditor's report on medical nonemergency transportation released in 
19.18 	February 2011.

19.19 	Sec. 21. MINNESOTA AUTISM SPECTRUM DISORDER TASK FORCE.
 19.20 		Subdivision 1.Members. (a) The Autism Spectrum Disorder Task Force is 
19.21 	composed of 19 members, appointed as follows:
19.22 	(1) two members of the senate, one appointed by the majority leader and one 
19.23 	appointed by the minority leader;
19.24 	(2) two members of the house of representatives, one from the majority party, 
19.25 	appointed by the speaker of the house, and one from the minority party, appointed by 
19.26 	the minority leader; 
19.27 	(3) two members who are family members of individuals with autism spectrum 
19.28 	disorder (ASD), one of whom shall be appointed by the majority leader of the senate, and 
19.29 	one of whom shall be appointed by the speaker of the house;
19.30 	(4) one member appointed by the Minnesota chapter of the American Academy of 
19.31 	Pediatrics who is a developmental behavioral pediatrician; 
19.32 	(5) one member appointed by the Minnesota Academy of Family Physicians who is 
19.33 	a family practice physician;
20.1 	(6) one member appointed by the Minnesota Psychological Association who is a 
20.2 	neuropsychologist;
20.3 	(7) one member appointed by the majority leader of the senate who represents a 
20.4 	minority autism community;
20.5 	(8) one member representing the directors of public school student support services;
20.6 	(9) one member appointed by the Minnesota Council of Health Plans; and
20.7 	(10) three members who represent autism advocacy groups, two of whom shall be 
20.8 	appointed by the speaker of the house and one of whom shall be appointed by the majority 
20.9 	leader of the senate.
20.10 	(b) Appointments must be made by September 1, 2011. The senate member 
20.11 	appointed by the majority leader of the senate shall convene the first meeting of the 
20.12 	task force no later than October 1, 2011. The task force shall elect a chair from among 
20.13 	members at the first meeting. The task force shall meet at least six times per year.
20.14 	(c) The Legislative Coordinating Commission shall provide meeting space for the 
20.15 	task force. Within available appropriations, the Departments of Education, Employment 
20.16 	and Economic Development, Health, and Human Services may provide assistance to 
20.17 	the task force.
20.18 		Subd. 2.Duties. (a) The task force shall develop an autism spectrum disorder 
20.19 	statewide strategic plan that focuses on improving awareness, early diagnosis, and 
20.20 	intervention and on ensuring delivery of treatment and services for individuals diagnosed 
20.21 	with an autism spectrum disorder, including the coordination and accessibility of 
20.22 	cost-effective treatments and services throughout the individual's lifetime.
20.23 	(b) The task force shall coordinate with existing efforts relating to autism spectrum 
20.24 	disorders at the Departments of Education, Employment and Economic Development, 
20.25 	Health, and Human Services and at the University of Minnesota and other agencies and 
20.26 	organizations as the task force deems appropriate.
20.27 		Subd. 3.Report. The task force shall submit its strategic plan to the legislature 
20.28 	by January 15, 2013. The task force shall continue to provide assistance with the 
20.29 	implementation of the strategic plan, as approved by the legislature, and shall submit 
20.30 	a progress report by January 15, 2014, and by January 15, 2015, on the status of 
20.31 	implementation of the strategic plan, including any draft legislation necessary for 
20.32 	implementation.
20.33 		Subd. 4.Expiration. The task force expires June 30, 2015, unless extended by law.

20.34 	EFFECTIVE DATE. This section is effective July 1, 2011, and expires June 30, 
20.35 	2015.

21.1 	Sec. 22. PROHIBITION ON USE OF FUNDS.
 21.2 		Subdivision 1.Use of funds. Funding for state-sponsored health programs shall not 
21.3 	be used for funding abortions, except to the extent necessary for continued participation 
21.4 	in a federal program. For purposes of this section, abortion has the meaning given in 
21.5 	Minnesota Statutes, section 144.343, subdivision 3.
21.6 		Subd. 2.Severability. If any one or more provision, section, subdivision, sentence, 
21.7 	clause, phrase, or word of this section or the application of it to any person or circumstance 
21.8 	is found to be unconstitutional, it is declared to be severable and the balance of this section 
21.9 	shall remain effective notwithstanding such unconstitutionality. The legislature intends 
21.10 	that it would have passed this section, and each provision, section, subdivision, sentence, 
21.11 	clause, phrase, or word irrespective of the fact that any one provision, section, subdivision, 
21.12 	sentence, clause, phrase, or word is declared unconstitutional.
21.13 		Subd. 3.Supreme Court jurisdiction. The Minnesota Supreme Court has original 
21.14 	jurisdiction over an action challenging the constitutionality of this section and shall 
21.15 	expedite the resolution of the action.

21.16 	ARTICLE 2
21.17 	HUMAN SERVICES

21.18 	Section 1. Minnesota Statutes 2010, section 245.50, is amended to read:
21.19 	245.50 INTERSTATE CONTRACTS, MENTAL HEALTH, CHEMICAL 
21.20 	HEALTH, DETOXIFICATION SERVICES.
21.21 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
21.22 	the meanings given them.
21.23 	(a) "Bordering state" means Iowa, North Dakota, South Dakota, or Wisconsin.
21.24 	(b) "Receiving agency" means a public or private hospital, mental health center, 
21.25 	chemical health treatment facility, detoxification facility, or other person or organization 
21.26 	which provides mental health or, chemical health, or detoxification services under this 
21.27 	section to individuals from a state other than the state in which the agency is located.
21.28 	(c) "Receiving state" means the state in which a receiving agency is located.
21.29 	(d) "Sending agency" means a state or county agency which sends an individual to a 
21.30 	bordering state for treatment or detoxification under this section.
21.31 	(e) "Sending state" means the state in which the sending agency is located.
21.32 		Subd. 2.Purpose and authority. (a) The purpose of this section is to enable 
21.33 	appropriate treatment or detoxification services to be provided to individuals, across state 
22.1 	lines from the individual's state of residence, in qualified facilities that are closer to the 
22.2 	homes of individuals than are facilities available in the individual's home state.
22.3 	(b) Unless prohibited by another law and subject to the exceptions listed in 
22.4 	subdivision 3, a county board or the commissioner of human services may contract 
22.5 	with an agency or facility in a bordering state for mental health or, chemical health, or 
22.6 	detoxification services for residents of Minnesota, and a Minnesota mental health or,
22.7 	chemical health, or detoxification agency or facility may contract to provide services to 
22.8 	residents of bordering states. Except as provided in subdivision 5, a person who receives 
22.9 	services in another state under this section is subject to the laws of the state in which 
22.10 	services are provided. A person who will receive services in another state under this 
22.11 	section must be informed of the consequences of receiving services in another state, 
22.12 	including the implications of the differences in state laws, to the extent the individual will 
22.13 	be subject to the laws of the receiving state.
22.14 		Subd. 3.Exceptions. A contract may not be entered into under this section for 
22.15 	services to persons who:
22.16 	(1) are serving a sentence after conviction of a criminal offense;
22.17 	(2) are on probation or parole;
22.18 	(3) are the subject of a presentence investigation; or
22.19 	(4) have been committed involuntarily in Minnesota under chapter 253B for 
22.20 	treatment of mental illness or chemical dependency, except as provided under subdivision 
22.21 	5.
22.22 		Subd. 4.Contracts. Contracts entered into under this section must, at a minimum:
22.23 	(1) describe the services to be provided;
22.24 	(2) establish responsibility for the costs of services;
22.25 	(3) establish responsibility for the costs of transporting individuals receiving 
22.26 	services under this section;
22.27 	(4) specify the duration of the contract;
22.28 	(5) specify the means of terminating the contract;
22.29 	(6) specify the terms and conditions for refusal to admit or retain an individual; and
22.30 	(7) identify the goals to be accomplished by the placement of an individual under 
22.31 	this section.
22.32 		Subd. 5.Special contracts; bordering states. (a) An individual who is detained, 
22.33 	committed, or placed on an involuntary basis under chapter 253B may be confined or 
22.34 	treated in a bordering state pursuant to a contract under this section. An individual 
22.35 	who is detained, committed, or placed on an involuntary basis under the civil law of a 
22.36 	bordering state may be confined or treated in Minnesota pursuant to a contract under 
23.1 	this section. A peace or health officer who is acting under the authority of the sending 
23.2 	state may transport an individual to a receiving agency that provides services pursuant to 
23.3 	a contract under this section and may transport the individual back to the sending state 
23.4 	under the laws of the sending state. Court orders valid under the law of the sending state 
23.5 	are granted recognition and reciprocity in the receiving state for individuals covered by 
23.6 	a contract under this section to the extent that the court orders relate to confinement for 
23.7 	treatment or care of mental illness or, chemical dependency, or detoxification. Such 
23.8 	treatment or care may address other conditions that may be co-occurring with the mental 
23.9 	illness or chemical dependency. These court orders are not subject to legal challenge in 
23.10 	the courts of the receiving state. Individuals who are detained, committed, or placed under 
23.11 	the law of a sending state and who are transferred to a receiving state under this section 
23.12 	continue to be in the legal custody of the authority responsible for them under the law 
23.13 	of the sending state. Except in emergencies, those individuals may not be transferred, 
23.14 	removed, or furloughed from a receiving agency without the specific approval of the 
23.15 	authority responsible for them under the law of the sending state.
23.16 	(b) While in the receiving state pursuant to a contract under this section, an 
23.17 	individual shall be subject to the sending state's laws and rules relating to length of 
23.18 	confinement, reexaminations, and extensions of confinement. No individual may be sent 
23.19 	to another state pursuant to a contract under this section until the receiving state has 
23.20 	enacted a law recognizing the validity and applicability of this section.
23.21 	(c) If an individual receiving services pursuant to a contract under this section leaves 
23.22 	the receiving agency without permission and the individual is subject to involuntary 
23.23 	confinement under the law of the sending state, the receiving agency shall use all 
23.24 	reasonable means to return the individual to the receiving agency. The receiving agency 
23.25 	shall immediately report the absence to the sending agency. The receiving state has the 
23.26 	primary responsibility for, and the authority to direct, the return of these individuals 
23.27 	within its borders and is liable for the cost of the action to the extent that it would be 
23.28 	liable for costs of its own resident.
23.29 	(d) Responsibility for payment for the cost of care remains with the sending agency.
23.30 	(e) This subdivision also applies to county contracts under subdivision 2 which 
23.31 	include emergency care and treatment provided to a county resident in a bordering state.
23.32 	(f) If a Minnesota resident is admitted to a facility in a bordering state under this 
23.33 	chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or 
23.34 	an advance practice registered nurse certified in mental health, who is licensed in the 
23.35 	bordering state, may act as an examiner under sections 253B.07, 253B.08, 253B.092, 
23.36 	253B.12, and 253B.17 subject to the same requirements and limitations in section 
24.1 	253B.02, subdivision 7. Such examiner may initiate an emergency hold under section 
24.2 	253B.05 on a Minnesota resident who is in a hospital that is under contract with a 
24.3 	Minnesota governmental entity under this section provided the resident, in the opinion of 
24.4 	the examiner, meets the criteria in section 253B.05.
24.5 	(g) This section shall apply to detoxification services that are unrelated to treatment, 
24.6 	whether the services are provided on a voluntary or involuntary basis.

24.7 	Sec. 2. Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to read:
24.8 		Subd. 2a.Adult foster care license capacity. (a) The commissioner shall issue 
24.9 	adult foster care licenses with a maximum licensed capacity of four beds, including 
24.10 	nonstaff roomers and boarders, except that the commissioner may issue a license with a 
24.11 	capacity of five beds, including roomers and boarders, according to paragraphs (b) to (f).
24.12 	(b) An adult foster care license holder may have a maximum license capacity of five 
24.13 	if all persons in care are age 55 or over and do not have a serious and persistent mental 
24.14 	illness or a developmental disability.
24.15 	(c) The commissioner may grant variances to paragraph (b) to allow a foster care 
24.16 	provider with a licensed capacity of five persons to admit an individual under the age of 55 
24.17 	if the variance complies with section 245A.04, subdivision 9, and approval of the variance 
24.18 	is recommended by the county in which the licensed foster care provider is located.
24.19 	(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth 
24.20 	bed for emergency crisis services for a person with serious and persistent mental illness 
24.21 	or a developmental disability, regardless of age, if the variance complies with section 
24.22 	245A.04, subdivision 9, and approval of the variance is recommended by the county in 
24.23 	which the licensed foster care provider is located.
24.24 	(e) If the 2009 legislature adopts a rate reduction that impacts providers of adult 
24.25 	foster care services, The commissioner may issue an adult foster care license with a 
24.26 	capacity of five adults if the fifth bed does not increase the overall statewide capacity of 
24.27 	licensed adult foster care beds in homes that are not the primary residence of the license 
24.28 	holder, over the licensed capacity in such homes on July 1, 2009, as identified in a plan 
24.29 	submitted to the commissioner by the county, when the capacity is recommended by 
24.30 	the county licensing agency of the county in which the facility is located and if the 
24.31 	recommendation verifies that:
24.32 	(1) the facility meets the physical environment requirements in the adult foster 
24.33 	care licensing rule;
24.34 	(2) the five-bed living arrangement is specified for each resident in the resident's:
24.35 	(i) individualized plan of care;
25.1 	(ii) individual service plan under section 256B.092, subdivision 1b, if required; or
25.2 	(iii) individual resident placement agreement under Minnesota Rules, part 
25.3 	9555.5105, subpart 19, if required;
25.4 	(3) the license holder obtains written and signed informed consent from each 
25.5 	resident or resident's legal representative documenting the resident's informed choice to 
25.6 	living in the home and that the resident's refusal to consent would not have resulted in 
25.7 	service termination; and
25.8 	(4) the facility was licensed for adult foster care before March 1, 2009.
25.9 	(f) The commissioner shall not issue a new adult foster care license under paragraph 
25.10 	(e) after June 30, 2011 2013. The commissioner shall allow a facility with an adult foster 
25.11 	care license issued under paragraph (e) before June 30, 2011, to continue with a capacity of 
25.12 	five adults if the license holder continues to comply with the requirements in paragraph (e).

25.13 	Sec. 3. Minnesota Statutes 2010, section 245A.14, subdivision 1, is amended to read:
25.14 		Subdivision 1.Permitted single-family residential use. (a) A licensed 
25.15 	nonresidential program with a licensed capacity of 12 or fewer persons and a group family 
25.16 	day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 
25.17 	14 or fewer children shall be considered a permitted single-family residential use of 
25.18 	property for the purposes of zoning and other land use regulations.
25.19 	(b) A family day care or group family day care facility licensed under Minnesota 
25.20 	Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered a 
25.21 	permitted single-family residential use of property for the purposes of zoning and other 
25.22 	land use regulations only if the license holder owns and resides in the home and is the 
25.23 	primary provider of care.

25.24 	Sec. 4. Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to read:
25.25 		Subd. 4.Special family day care homes. Nonresidential child care programs 
25.26 	serving 14 or fewer children that are conducted at a location other than the license holder's 
25.27 	own residence shall be licensed under this section and the rules governing family day 
25.28 	care or group family day care if:
25.29 	(a) the license holder is the primary provider of care and the nonresidential child 
25.30 	care program is conducted in a dwelling that is located on a residential lot;
25.31 	(b) (1) the license holder is an employer who may or may not be the primary 
25.32 	provider of care, and the purpose for the child care program is to provide child care 
25.33 	services to children of the license holder's employees;
25.34 	(c) (2) the license holder is a church or religious organization;
26.1 	(d) (3) the license holder is a community collaborative child care provider. For 
26.2 	purposes of this subdivision, a community collaborative child care provider is a provider 
26.3 	participating in a cooperative agreement with a community action agency as defined in 
26.4 	section 256E.31; or
26.5 	(e) (4) the license holder is a not-for-profit agency that provides child care in a 
26.6 	dwelling located on a residential lot and the license holder maintains two or more contracts 
26.7 	with community employers or other community organizations to provide child care 
26.8 	services. The county licensing agency may grant a capacity variance to a license holder 
26.9 	licensed under this paragraph clause to exceed the licensed capacity of 14 children by no 
26.10 	more than five children during transition periods related to the work schedules of parents, 
26.11 	if the license holder meets the following requirements:
26.12 	(1) (i) the program does not exceed a capacity of 14 children more than a cumulative 
26.13 	total of four hours per day;
26.14 	(2) (ii) the program meets a one to seven staff-to-child ratio during the variance 
26.15 	period;
26.16 	(3) (iii) all employees receive at least an extra four hours of training per year than 
26.17 	required in the rules governing family child care each year;
26.18 	(4) (iv) the facility has square footage required per child under Minnesota Rules, 
26.19 	part 9502.0425;
26.20 	(5) (v) the program is in compliance with local zoning regulations;
26.21 	(6) (vi) the program is in compliance with the applicable fire code as follows:
26.22 	(i) (A) if the program serves more than five children older than 2-1/2 years of age, 
26.23 	but no more than five children 2-1/2 years of age or less, the applicable fire code is 
26.24 	educational occupancy, as provided in Group E Occupancy under the Minnesota State 
26.25 	Fire Code 2003, Section 202; or
26.26 	(ii) (B) if the program serves more than five children 2-1/2 years of age or less, the 
26.27 	applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire 
26.28 	Code 2003, Section 202; and
26.29 	(7) (vii) any age and capacity limitations required by the fire code inspection and 
26.30 	square footage determinations shall be printed on the license.

26.31 	Sec. 5. Minnesota Statutes 2010, section 256.0112, is amended by adding a subdivision 
26.32 	to read:
26.33 		Subd. 9.Contracting for performance. In addition to the agreements in 
26.34 	subdivision 8, a local agency may negotiate a supplemental agreement to a contract 
26.35 	executed between a lead agency and an approved vendor under subdivision 6 for the 
27.1 	purposes of contracting for specific performance. The supplemental agreement may 
27.2 	augment the lead contract requirements and rates for services authorized by that local 
27.3 	agency only. The additional provisions must be negotiated with the vendor and designed 
27.4 	to encourage successful, timely, and cost-effective outcomes for clients, and may establish 
27.5 	incentive payments, penalties, performance-related reporting requirements, and similar 
27.6 	conditions. The per diem rate allowed under this subdivision must not be less than the rate 
27.7 	established in the lead county contract. Nothing in the supplemental agreement between 
27.8 	a local agency and an approved vendor binds the lead agency or other local agencies to 
27.9 	the terms and conditions of the supplemental agreement.

27.10 	Sec. 6. Minnesota Statutes 2010, section 256B.4912, subdivision 2, is amended to read:
27.11 		Subd. 2.Rate-setting methodologies. (a) The commissioner shall establish 
27.12 	statewide rate-setting methodologies that meet federal waiver requirements for home 
27.13 	and community-based waiver services for individuals with disabilities. The rate-setting 
27.14 	methodologies must abide by the principles of transparency and equitability across the 
27.15 	state. The methodologies must involve a uniform process of structuring rates for each 
27.16 	service and must promote quality and participant choice.
27.17 	(b) The commissioner shall consult with stakeholders and recommend the basic 
27.18 	methodology framework and implementation principles, and provide draft legislation, to 
27.19 	the chairs and ranking minority members of the health and human services policy and 
27.20 	finance committees in the house of representatives and the senate by December 15, 2011. 
27.21 	The framework and principles shall include, but not be limited to:
27.22 	(1) a process that counties and providers must follow to ensure clients' continued 
27.23 	access to services and provider plans in the event a provider is no longer able to provide 
27.24 	services under the new rate structure;
27.25 	(2) a system that includes a process for needs assessment, needs determination, 
27.26 	service design, rate notification, and mistake resolution that is available to clients, 
27.27 	families, providers, and counties;
27.28 	(3) criteria for an exceptions process;
27.29 	(4) rates that are sensitive to geographical differences and allow for higher 
27.30 	reimbursement for clients who have medical and behavior issues;
27.31 	(5) a clear definition of the rate tool and the processes and systems that determine 
27.32 	rates;
27.33 	(6) the ability for providers to determine spending and services within the rate and 
27.34 	subject to limitations in the individual service plan and provider enrollment contract; and
28.1 	(7) the continuation of a rate methodology stakeholder group through the first two 
28.2 	years of implementation.
28.3 	(c) The commissioner shall issue a report to the house of representatives and senate 
28.4 	committees with jurisdiction over health and human services policy and finance two 
28.5 	years after implementation of the statewide rate methodology assessing the impact and 
28.6 	effectiveness of the new rates.

28.7 	Sec. 7. Minnesota Statutes 2010, section 256D.44, subdivision 5, is amended to read:
28.8 		Subd. 5.Special needs. In addition to the state standards of assistance established in 
28.9 	subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 
28.10 	Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 
28.11 	center, or a group residential housing facility.
28.12 	(a) The county agency shall pay a monthly allowance for medically prescribed 
28.13 	diets if the cost of those additional dietary needs cannot be met through some other 
28.14 	maintenance benefit. The need for special diets or dietary items must be prescribed by 
28.15 	a licensed physician. Costs for special diets shall be determined as percentages of the 
28.16 	allotment for a one-person household under the thrifty food plan as defined by the United 
28.17 	States Department of Agriculture. The types of diets and the percentages of the thrifty 
28.18 	food plan that are covered are as follows:
28.19 	(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
28.20 	(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 
28.21 	of thrifty food plan;
28.22 	(3) controlled protein diet, less than 40 grams and requires special products, 125 
28.23 	percent of thrifty food plan;
28.24 	(4) low cholesterol diet, 25 percent of thrifty food plan;
28.25 	(5) high residue diet, 20 percent of thrifty food plan;
28.26 	(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
28.27 	(7) gluten-free diet, 25 percent of thrifty food plan;
28.28 	(8) lactose-free diet, 25 percent of thrifty food plan;
28.29 	(9) antidumping diet, 15 percent of thrifty food plan;
28.30 	(10) hypoglycemic diet, 15 percent of thrifty food plan; or
28.31 	(11) ketogenic diet, 25 percent of thrifty food plan.
28.32 	(b) Payment for nonrecurring special needs must be allowed for necessary home 
28.33 	repairs or necessary repairs or replacement of household furniture and appliances using 
28.34 	the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 
28.35 	as long as other funding sources are not available.
29.1 	(c) A fee for guardian or conservator service is allowed at a reasonable rate 
29.2 	negotiated by the county or approved by the court. This rate shall not exceed five percent 
29.3 	of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 
29.4 	guardian or conservator is a member of the county agency staff, no fee is allowed.
29.5 	(d) The county agency shall continue to pay a monthly allowance of $68 for 
29.6 	restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 
29.7 	1990, and who eats two or more meals in a restaurant daily. The allowance must continue 
29.8 	until the person has not received Minnesota supplemental aid for one full calendar month 
29.9 	or until the person's living arrangement changes and the person no longer meets the criteria 
29.10 	for the restaurant meal allowance, whichever occurs first.
29.11 	(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 
29.12 	is allowed for representative payee services provided by an agency that meets the 
29.13 	requirements under SSI regulations to charge a fee for representative payee services. This 
29.14 	special need is available to all recipients of Minnesota supplemental aid regardless of 
29.15 	their living arrangement.
29.16 	(f)(1) Notwithstanding the language in this subdivision, an amount equal to the 
29.17 	maximum allotment authorized by the federal Food Stamp Program for a single individual 
29.18 	which is in effect on the first day of July of each year will be added to the standards of 
29.19 	assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify 
29.20 	as shelter needy and are: (i) relocating from an institution, or an adult mental health 
29.21 	residential treatment program under section 256B.0622; (ii) eligible for the self-directed 
29.22 	supports option as defined under section 256B.0657, subdivision 2; or (iii) home and 
29.23 	community-based waiver recipients living in their own home or rented or leased apartment 
29.24 	which is not owned, operated, or controlled by a provider of service not related by blood 
29.25 	or marriage, unless allowed under paragraph (g).
29.26 	(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the 
29.27 	shelter needy benefit under this paragraph is considered a household of one. An eligible 
29.28 	individual who receives this benefit prior to age 65 may continue to receive the benefit 
29.29 	after the age of 65.
29.30 	(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that 
29.31 	exceed 40 percent of the assistance unit's gross income before the application of this 
29.32 	special needs standard. "Gross income" for the purposes of this section is the applicant's or 
29.33 	recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 
29.34 	in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or 
29.35 	state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be 
29.36 	considered shelter needy for purposes of this paragraph.
30.1 	(g) Notwithstanding this subdivision, to access housing and services as provided 
30.2 	in paragraph (f), the recipient may choose housing that may be owned, operated, or 
30.3 	controlled by the recipient's service provider. This housing arrangement must include 
30.4 	provisions for the recipient to retain the recipient's housing in the event the recipient 
30.5 	chooses a different service provider. In a multifamily building of more than four or more
30.6 	units, the maximum number of apartments that may be used by recipients of this program 
30.7 	shall be 50 percent of the units in a building, provided the service provider will implement 
30.8 	a plan with the recipient to transition the lease to the recipient's name. This paragraph 
30.9 	expires on June 30, 2012. Within two years of the initial lease the service provider shall 
30.10 	transfer the lease entered into under this subdivision to the recipient. In the event the 
30.11 	landlord denies this transfer, the commissioner shall approve an exception within sufficient 
30.12 	time to ensure the continued occupancy by the recipient.

30.13 	Sec. 8. Minnesota Statutes 2010, section 256J.49, subdivision 13, is amended to read:
30.14 		Subd. 13. Work activity. (a) "Work activity" means any activity in a participant's 
30.15 	approved employment plan that leads to employment. For purposes of the MFIP program, 
30.16 	this includes activities that meet the definition of work activity under the participation 
30.17 	requirements of TANF. Work activity includes: 
30.18 	(1) unsubsidized employment, including work study and paid apprenticeships or 
30.19 	internships; 
30.20 	(2) subsidized private sector or public sector employment, including grant diversion 
30.21 	as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid 
30.22 	work experience, and supported work when a wage subsidy is provided; 
30.23 	(3) unpaid work experience, including community service, volunteer work, 
30.24 	the community work experience program as specified in section 256J.67, unpaid 
30.25 	apprenticeships or internships, and supported work when a wage subsidy is not provided. 
30.26 	Unpaid work experience is only an option if the participant has been unable to obtain or 
30.27 	maintain paid employment in the competitive labor market, and no paid work experience 
30.28 	programs are available to the participant. Prior to placing a participant in unpaid work, 
30.29 	the county must inform the participant that the participant will be notified if a paid work 
30.30 	experience or supported work position becomes available. Unless a participant consents in 
30.31 	writing to participate in unpaid work experience, the participant's employment plan may 
30.32 	only include unpaid work experience if including the unpaid work experience in the plan 
30.33 	will meet the following criteria: 
31.1 	(i) the unpaid work experience will provide the participant specific skills or 
31.2 	experience that cannot be obtained through other work activity options where the 
31.3 	participant resides or is willing to reside; and 
31.4 	(ii) the skills or experience gained through the unpaid work experience will result 
31.5 	in higher wages for the participant than the participant could earn without the unpaid 
31.6 	work experience; 
31.7 	(4) job search including job readiness assistance, job clubs, job placement, 
31.8 	job-related counseling, and job retention services; 
31.9 	(5) job readiness education, including English as a second language (ESL) or 
31.10 	functional work literacy classes as limited by the provisions of section 256J.531, 
31.11 	subdivision 2, general educational development (GED) course work, high school 
31.12 	completion, and adult basic education as limited by the provisions of section 256J.531, 
31.13 	subdivision 1; 
31.14 	(6) job skills training directly related to employment, including education and 
31.15 	training that can reasonably be expected to lead to employment, as limited by the 
31.16 	provisions of section 256J.53; 
31.17 	(7) providing child care services to a participant who is working in a community 
31.18 	service program; 
31.19 	(8) activities included in the employment plan that is developed under section 
31.20 	256J.521, subdivision 3; and 
31.21 	(9) preemployment activities including chemical and mental health assessments, 
31.22 	treatment, and services; learning disabilities services; child protective services; family 
31.23 	stabilization services; or other programs designed to enhance employability. 
31.24 	(b) "Work activity" does not include activities done for political purposes as defined 
31.25 	in section 211B.01, subdivision 6.

31.26 	Sec. 9. RECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT.
 31.27 	The commissioner of human services shall initiate procedures no later than July 
31.28 	1, 2011, to enter into a reciprocal agreement with Bermuda for the establishment and 
31.29 	enforcement of child support obligations under United States Code, title 42, section 
31.30 	659a(d).

31.31 	EFFECTIVE DATE. This section is effective upon Bermuda's written acceptance 
31.32 	and agreement to enforce Minnesota child support orders. If Bermuda does not accept and 
31.33 	declines to enforce Minnesota orders, this section expires December 31, 2012.

31.34 	Sec. 10. INSTRUCTIONS TO THE COMMISSIONER.
 32.1 	The commissioner of human services shall consult with the commissioner of health 
32.2 	and stakeholders, including service providers, advocates, and counties to consolidate the 
32.3 	ICF/MR standards in chapter 245B and the standards in Minnesota Rules to eliminate 
32.4 	duplicative and outdated standards.

32.5 	Sec. 11.  REPEALER.
 32.6 	Minnesota Statutes 2010, section 256J.575, subdivision 2, is repealed.

32.7 	ARTICLE 3
32.8 	LICENSING

32.9 	Section 1. Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:
32.10 		Subd. 7.Conviction of a felony-level criminal sexual conduct offense. (a) Except 
32.11 	as provided in paragraph (e) (f), the board shall not grant or renew a license to practice 
32.12 	chiropractic to any person who has been convicted on or after August 1, 2010, of any 
32.13 	of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, 
32.14 	subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).
32.15 	(b) The board shall not grant or renew a license to practice chiropractic to any 
32.16 	person who has been convicted in any other state or country on or after August 1, 2011, 
32.17 	of an offense where the elements of the offense are substantially similar to any of the 
32.18 	offenses listed in paragraph (a).
32.19 	(b) (c) A license to practice chiropractic is automatically revoked if the licensee is 
32.20 	convicted of an offense listed in paragraph (a) of this section.
32.21 	(c) (d) A license to practice chiropractic that has been denied or revoked under this 
32.22 	subdivision is not subject to chapter 364.
32.23 	(d) (e) For purposes of this subdivision, "conviction" means a plea of guilty, a 
32.24 	verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays 
32.25 	imposition or execution of the sentence and final disposition of the case is accomplished at 
32.26 	a nonfelony level.
32.27 	(e) (f) The board may establish criteria whereby an individual convicted of an offense 
32.28 	listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
32.29 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or 
32.30 	credentialing;
32.31 	(2) provide a standard for overcoming the presumption; and
32.32 	(3) require that a minimum of ten years has elapsed since the applicant was released 
32.33 	from any incarceration or supervisory jurisdiction related to the offense.
33.1 	The board shall not consider an application under this paragraph if the board 
33.2 	determines that the victim involved in the offense was a patient or a client of the applicant 
33.3 	at the time of the offense.

33.4 	Sec. 2. Minnesota Statutes 2010, section 148.231, is amended to read:
33.5 	148.231 REGISTRATION; FAILURE TO REGISTER; REREGISTRATION; 
33.6 	VERIFICATION.
33.7 		Subdivision 1.Registration. Every person licensed to practice professional or 
33.8 	practical nursing must maintain with the board a current registration for practice as a 
33.9 	registered nurse or licensed practical nurse which must be renewed at regular intervals 
33.10 	established by the board by rule. No certificate of registration shall be issued by the board 
33.11 	to a nurse until the nurse has submitted satisfactory evidence of compliance with the 
33.12 	procedures and minimum requirements established by the board.
33.13 	The fee for periodic registration for practice as a nurse shall be determined by the 
33.14 	board by rule law. A penalty fee shall be added for any application received after the 
33.15 	required date as specified by the board by rule. Upon receipt of the application and the 
33.16 	required fees, the board shall verify the application and the evidence of completion of 
33.17 	continuing education requirements in effect, and thereupon issue to the nurse a certificate 
33.18 	of registration for the next renewal period.
33.19 		Subd. 4.Failure to register. Any person licensed under the provisions of sections 
33.20 	148.171 to 148.285 who fails to register within the required period shall not be entitled to 
33.21 	practice nursing in this state as a registered nurse or licensed practical nurse. 
33.22 		Subd. 5.Reregistration. A person whose registration has lapsed desiring to 
33.23 	resume practice shall make application for reregistration, submit satisfactory evidence of 
33.24 	compliance with the procedures and requirements established by the board, and pay the 
33.25 	registration reregistration fee for the current period to the board. A penalty fee shall be 
33.26 	required from a person who practiced nursing without current registration. Thereupon, the
33.27 	registration certificate shall be issued to the person who shall immediately be placed on 
33.28 	the practicing list as a registered nurse or licensed practical nurse.
33.29 		Subd. 6.Verification. A person licensed under the provisions of sections 148.171 to 
33.30 	148.285 who requests the board to verify a Minnesota license to another state, territory, 
33.31 	or country or to an agency, facility, school, or institution shall pay a fee to the board
33.32 	for each verification. 

33.33 	Sec. 3. Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to read:
34.1 		Subdivision 1.General requirements. (a) To be licensed as a licensed professional 
34.2 	clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board 
34.3 	that the applicant:
34.4 	(1) is at least 18 years of age;
34.5 	(2) is of good moral character;
34.6 	(3) has completed a master's or doctoral degree program in counseling or a 
34.7 	related field, as determined by the board based on the criteria in items (i) to (x), that 
34.8 	includes a minimum of 48 semester hours or 72 quarter hours and a supervised field 
34.9 	experience in counseling that is not fewer than 700 hours. The degree must be from 
34.10 	a counseling program recognized by the Council for Accreditation of Counseling and 
34.11 	Related Education Programs (CACREP) or from an institution of higher education that is 
34.12 	accredited by a regional accrediting organization recognized by the Council for Higher 
34.13 	Education Accreditation (CHEA). Specific academic course content and training must 
34.14 	include coursework in each of the following subject areas:
34.15 	(i) helping relationship, including counseling theory and practice;
34.16 	(ii) human growth and development;
34.17 	(iii) lifestyle and career development;
34.18 	(iv) group dynamics, processes, counseling, and consulting;
34.19 	(v) assessment and appraisal;
34.20 	(vi) social and cultural foundations, including multicultural issues;
34.21 	(vii) principles of etiology, treatment planning, and prevention of mental and 
34.22 	emotional disorders and dysfunctional behavior;
34.23 	(viii) family counseling and therapy;
34.24 	(ix) research and evaluation; and
34.25 	(x) professional counseling orientation and ethics;
34.26 	(4) has demonstrated competence in professional counseling by passing the National 
34.27 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
34.28 	National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational 
34.29 	examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have 
34.30 	taken and passed the National Counselor Examination (NCE) administered by the NBCC, 
34.31 	or another board-approved examination, need only take and pass the Examination of 
34.32 	Clinical Counseling Practice (ECCP) administered by the NBCC;
34.33 	(5) has earned graduate-level semester credits or quarter-credit equivalents in the 
34.34 	following clinical content areas as follows:
34.35 	(i) six credits in diagnostic assessment for child or adult mental disorders; normative 
34.36 	development; and psychopathology, including developmental psychopathology;
35.1 	(ii) three credits in clinical treatment planning, with measurable goals;
35.2 	(iii) six credits in clinical intervention methods informed by research evidence and 
35.3 	community standards of practice;
35.4 	(iv) three credits in evaluation methodologies regarding the effectiveness of 
35.5 	interventions;
35.6 	(v) three credits in professional ethics applied to clinical practice; and
35.7 	(vi) three credits in cultural diversity; and
35.8 	(6) has demonstrated successful completion of 4,000 hours of supervised, 
35.9 	post-master's degree professional practice in the delivery of clinical services in the 
35.10 	diagnosis and treatment of child and adult mental illnesses and disorders, conducted 
35.11 	according to subdivision 2.
35.12 	(b) If coursework in paragraph (a) was not completed as part of the degree program 
35.13 	required by paragraph (a), clause (3), the coursework must be taken and passed for credit, 
35.14 	and must be earned from a counseling program or institution that meets the requirements 
35.15 	of paragraph (a), clause (3).

35.16 	Sec. 4. Minnesota Statutes 2010, section 148B.5301, subdivision 3, is amended to read:
35.17 		Subd. 3.Conversion from licensed professional counselor to licensed 
35.18 	professional clinical counselor. (a) Until August 1, 2011 2013, an individual currently 
35.19 	licensed in the state of Minnesota as a licensed professional counselor may convert to a 
35.20 	LPCC by providing evidence satisfactory to the board that the applicant has met the 
35.21 	following requirements:
35.22 	(1) is at least 18 years of age;
35.23 	(2) is of good moral character;
35.24 	(3) has a license that is active and in good standing;
35.25 	(4) has no complaints pending, uncompleted disciplinary orders, or corrective 
35.26 	action agreements;
35.27 	(5) has completed a master's or doctoral degree program in counseling or a related 
35.28 	field, as determined by the board, and whose degree was from a counseling program 
35.29 	recognized by CACREP or from an institution of higher education that is accredited by a 
35.30 	regional accrediting organization recognized by CHEA;
35.31 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
35.32 	clinical coursework which includes content in the following clinical areas:
35.33 	(i) diagnostic assessment for child and adult mental disorders; normative 
35.34 	development; and psychopathology, including developmental psychopathology;
35.35 	(ii) clinical treatment planning, with measurable goals;
36.1 	(iii) clinical intervention methods informed by research evidence and community 
36.2 	standards of practice;
36.3 	(iv) evaluation methodologies regarding the effectiveness of interventions;
36.4 	(v) professional ethics applied to clinical practice; and
36.5 	(vi) cultural diversity;
36.6 	(7) has demonstrated, to the satisfaction of the board, successful completion of 
36.7 	4,000 hours of supervised, post-master's degree professional practice in the delivery of 
36.8 	clinical services in the diagnosis and treatment of child and adult mental illnesses and 
36.9 	disorders; and
36.10 	(8) has paid the LPCC application and licensure fees required in section 148B.53, 
36.11 	subdivision 3.
36.12 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
36.13 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
36.14 	for credit, and must be earned from a counseling program or institution that meets the 
36.15 	requirements in paragraph (a), clause (5).
36.16 	(c) This subdivision expires August 1, 2011 2013.

36.17 	Sec. 5. Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:
36.18 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
36.19 	2011 2013. An individual licensed in the state of Minnesota as a licensed professional 
36.20 	counselor may convert to a LPCC by providing evidence satisfactory to the board that the 
36.21 	applicant has met the requirements of subdivisions 1 and 2, subject to the following:
36.22 	(1) the individual's license must be active and in good standing;
36.23 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
36.24 	orders, or corrective action agreements; and
36.25 	(3) the individual has paid the LPCC application and licensure fees required in 
36.26 	section 148B.53, subdivision 3.

36.27 	Sec. 6. Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:
36.28 		Subd. 2.Continuing education. At the completion of the first four years of 
36.29 	licensure, a licensee must provide evidence satisfactory to the board of completion of 
36.30 	12 additional postgraduate semester credit hours or its equivalent in counseling as 
36.31 	determined by the board, except that no licensee shall be required to show evidence of 
36.32 	greater than 60 semester hours or its equivalent. In addition to completing the requisite 
36.33 	graduate coursework, each licensee shall also complete in the first four years of licensure 
36.34 	a minimum of 40 hours of continuing education activities approved by the board under 
37.1 	Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the 
37.2 	first four years of licensure may be applied to both the graduate credit requirement and to 
37.3 	the requirement for 40 hours of continuing education activities. A licensee may receive 15 
37.4 	continuing education hours per semester credit hour or ten continuing education hours 
37.5 	per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide 
37.6 	evidence satisfactory to the board that the licensee has completed during each two-year 
37.7 	period at least the equivalent of 40 clock hours of professional postdegree continuing 
37.8 	education in programs approved by the board and continues to be qualified to practice 
37.9 	under sections 148B.50 to 148B.593.

37.10 	Sec. 7. Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:
37.11 		Subd. 3.Relicensure following termination. An individual whose license was 
37.12 	terminated prior to August 1, 2010, and who can demonstrate completion of the graduate 
37.13 	credit requirement in subdivision 2, does not need to comply with the continuing education 
37.14 	requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing 
37.15 	education requirements for relicensure following termination in Minnesota Rules, part 
37.16 	2150.0130, subpart 2. This section does not apply to an individual whose license has 
37.17 	been canceled.

37.18 	Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
37.19 		Subdivision 1.Students and other persons not currently licensed in another 
37.20 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
37.21 	applicant who is not licensed or credentialed to practice social work in any jurisdiction 
37.22 	but has:
37.23 	(1) applied for a license under section 148E.055;
37.24 	(2) applied for a temporary license on a form provided by the board;
37.25 	(3) submitted a form provided by the board authorizing the board to complete a 
37.26 	criminal background check;
37.27 	(4) passed the applicable licensure examination provided for in section 148E.055;
37.28 	(5) attested on a form provided by the board that the applicant has completed the 
37.29 	requirements for a baccalaureate or graduate degree in social work from a program 
37.30 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
37.31 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
37.32 	doctorate in social work from an accredited university; and
37.33 	(6) not engaged in conduct that was or would be in violation of the standards of 
37.34 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
38.1 	conduct that was or would be in violation of the standards of practice, the board may take 
38.2 	action according to sections 148E.255 to 148E.270.
38.3 	(b) A temporary license issued under this subdivision expires after six months.

38.4 	EFFECTIVE DATE. This section is effective August 1, 2011.

38.5 	Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
38.6 		Subd. 2.Emergency situations and persons currently licensed in another 
38.7 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
38.8 	applicant who is licensed or credentialed to practice social work in another jurisdiction, 
38.9 	may or may not have applied for a license under section 148E.055, and has:
38.10 	(1) applied for a temporary license on a form provided by the board;
38.11 	(2) submitted a form provided by the board authorizing the board to complete a 
38.12 	criminal background check;
38.13 	(3) submitted evidence satisfactory to the board that the applicant is currently 
38.14 	licensed or credentialed to practice social work in another jurisdiction;
38.15 	(4) attested on a form provided by the board that the applicant has completed the 
38.16 	requirements for a baccalaureate or graduate degree in social work from a program 
38.17 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
38.18 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
38.19 	doctorate in social work from an accredited university; and
38.20 	(5) not engaged in conduct that was or would be in violation of the standards of 
38.21 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
38.22 	conduct that was or would be in violation of the standards of practice, the board may take 
38.23 	action according to sections 148E.255 to 148E.270.
38.24 	(b) A temporary license issued under this subdivision expires after six months.

38.25 	EFFECTIVE DATE. This section is effective August 1, 2011.

38.26 	Sec. 10. Minnesota Statutes 2010, section 148E.060, is amended by adding a 
38.27 	subdivision to read:
38.28 		Subd. 2a.Programs in candidacy status. (a) The board may issue a temporary 
38.29 	license to practice social work to an applicant who has completed the requirements for a 
38.30 	baccalaureate or graduate degree in social work from a program in candidacy status with 
38.31 	the Council on Social Work Education, the Canadian Association of Schools of Social 
38.32 	Work, or a similar accrediting body designated by the board, and has:
38.33 	(1) applied for a license under section 148E.055;
39.1 	(2) applied for a temporary license on a form provided by the board;
39.2 	(3) submitted a form provided by the board authorizing the board to complete a 
39.3 	criminal background check;
39.4 	(4) passed the applicable licensure examination provided for in section 148E.055; 
39.5 	and
39.6 	(5) not engaged in conduct that is in violation of the standards of practice specified 
39.7 	in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in 
39.8 	violation of the standards of practice, the board may take action according to sections 
39.9 	148E.255 to 148E.270.
39.10 	(b) A temporary license issued under this subdivision expires after 12 months but 
39.11 	may be extended at the board's discretion upon a showing that the social work program 
39.12 	remains in good standing with the Council on Social Work Education, the Canadian 
39.13 	Association of Schools of Social Work, or a similar accrediting body designated by the 
39.14 	board. If the board receives notice from the Council on Social Work Education, the 
39.15 	Canadian Association of Schools of Social Work, or a similar accrediting body designated 
39.16 	by the board that the social work program is not in good standing, or that the accreditation 
39.17 	will not be granted to the social work program, the temporary license is immediately 
39.18 	revoked.

39.19 	EFFECTIVE DATE. This section is effective August 1, 2011.

39.20 	Sec. 11. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
39.21 		Subd. 3.Teachers. (a) The board may issue a temporary license to practice social 
39.22 	work to an applicant whose permanent residence is outside the United States, who is 
39.23 	teaching social work at an academic institution in Minnesota for a period not to exceed 
39.24 	12 months, who may or may not have applied for a license under section 148E.055, and 
39.25 	who has:
39.26 	(1) applied for a temporary license on a form provided by the board;
39.27 	(2) submitted a form provided by the board authorizing the board to complete a 
39.28 	criminal background check;
39.29 	(3) attested on a form provided by the board that the applicant has completed the 
39.30 	requirements for a baccalaureate or graduate degree in social work; and
39.31 	(4) has not engaged in conduct that was or would be in violation of the standards 
39.32 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
39.33 	conduct that was or would be in violation of the standards of practice, the board may take 
39.34 	action according to sections 148E.255 to 148E.270.
39.35 	(b) A temporary license issued under this subdivision expires after 12 months.

40.1 	EFFECTIVE DATE. This section is effective August 1, 2011.

40.2 	Sec. 12. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
40.3 		Subd. 5.Temporary license term. (a) A temporary license is valid until expiration, 
40.4 	or until the board issues or denies the license according to section 148E.055, or until 
40.5 	the board revokes the temporary license, whichever comes first. A temporary license is 
40.6 	nonrenewable.
40.7 	(b) A temporary license issued according to subdivision 1 or 2 expires after six 
40.8 	months.
40.9 	(c) A temporary license issued according to subdivision 3 expires after 12 months.

40.10 	EFFECTIVE DATE. This section is effective August 1, 2011.

40.11 	Sec. 13. Minnesota Statutes 2010, section 148E.120, is amended to read:
40.12 	148E.120 REQUIREMENTS OF SUPERVISORS.
40.13 		Subdivision 1.Supervisors licensed as social workers. (a) Except as provided in 
40.14 	paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a 
40.15 	social worker must:
40.16 	(1) have completed 30 hours of training in supervision through coursework from 
40.17 	an accredited college or university, or through continuing education in compliance with 
40.18 	sections 148E.130 to 148E.170;
40.19 	(2) be competent in the activities being supervised; and
40.20 	(3) attest, on a form provided by the board, that the social worker has met the 
40.21 	applicable requirements specified in this section and sections 148E.100 to 148E.115. The 
40.22 	board may audit the information provided to determine compliance with the requirements 
40.23 	of this section.
40.24 	(b) A licensed independent clinical social worker providing clinical licensing 
40.25 	supervision to a licensed graduate social worker or a licensed independent social worker 
40.26 	must have at least 2,000 hours of experience in authorized social work practice, including 
40.27 	1,000 hours of experience in clinical practice after obtaining a licensed independent 
40.28 	clinical social worker license.
40.29 	(c) A licensed social worker, licensed graduate social worker, licensed independent 
40.30 	social worker, or licensed independent clinical social worker providing nonclinical 
40.31 	licensing supervision must have completed the supervised practice requirements specified 
40.32 	in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
41.1 	(d) If the board determines that supervision is not obtainable from an individual 
41.2 	meeting the requirements specified in paragraph (a), the board may approve an alternate 
41.3 	supervisor according to subdivision 2.
41.4 		Subd. 2.Alternate supervisors. (a) The board may approve an alternate supervisor 
41.5 	if: as determined in this subdivision. The board shall approve up to 25 percent of the 
41.6 	required supervision hours by a licensed mental health professional who is competent and 
41.7 	qualified to provide supervision according to the mental health professional's respective 
41.8 	licensing board, as established by section 245.462, subdivision 18, clauses (1) to (6), or 
41.9 	245.4871, subdivision 27, clauses (1) to (6).
41.10 	(1) the board determines that supervision is not obtainable according to paragraph 
41.11 	(b);
41.12 	(2) the licensee requests in the supervision plan submitted according to section 
41.13 	148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
41.14 	(3) the licensee describes the proposed supervision and the name and qualifications 
41.15 	of the proposed alternate supervisor; and
41.16 	(4) the requirements of paragraph (d) are met.
41.17 	(b) The board may determine that supervision is not obtainable if:
41.18 	(1) the licensee provides documentation as an attachment to the supervision plan 
41.19 	submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 
41.20 	thorough search for a supervisor meeting the applicable licensure requirements specified 
41.21 	in sections 148E.100 to 148E.115;
41.22 	(2) the licensee demonstrates to the board's satisfaction that the search was 
41.23 	unsuccessful; and
41.24 	(3) the licensee describes the extent of the search and the names and locations of 
41.25 	the persons and organizations contacted.
41.26 	(c) The requirements specified in paragraph (b) do not apply to obtaining licensing 
41.27 	supervision for social work practice if the board determines that there are five or fewer 
41.28 	supervisors meeting the applicable licensure requirements in sections 148E.100 to 
41.29 	148E.115 in the county where the licensee practices social work.
41.30 	(d) An alternate supervisor must:
41.31 	(1) be an unlicensed social worker who is employed in, and provides the supervision 
41.32 	in, a setting exempt from licensure by section 148E.065, and who has qualifications 
41.33 	equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
41.34 	(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 
41.35 	Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 
41.36 	applicable requirements specified in sections 148E.100 to 148E.115; or
42.1 	(3) be a licensed marriage and family therapist or a mental health professional 
42.2 	as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 
42.3 	equivalent mental health professional, as determined by the board, who is licensed or 
42.4 	credentialed by a state, territorial, provincial, or foreign licensing agency.
42.5 	(e) In order to qualify to provide clinical supervision of a licensed graduate social 
42.6 	worker or licensed independent social worker engaged in clinical practice, the alternate 
42.7 	supervisor must be a mental health professional as established by section 245.462, 
42.8 	subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 
42.9 	as determined by the board, who is licensed or credentialed by a state, territorial, 
42.10 	provincial, or foreign licensing agency.
42.11 	(b) The board shall approve up to 100 percent of the required supervision hours by 
42.12 	an alternate supervisor if the board determines that:
42.13 	(1) there are five or fewer supervisors in the county where the licensee practices 
42.14 	social work who meet the applicable licensure requirements in subdivision 1;
42.15 	(2) the supervisor is an unlicensed social worker who is employed in, and provides 
42.16 	the supervision in, a setting exempt from licensure by section 148E.065, and who has 
42.17 	qualifications equivalent to the applicable requirements specified in sections 148E.100 to 
42.18 	148E.115;
42.19 	(3) the supervisor is a social worker engaged in authorized social work practice 
42.20 	in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the 
42.21 	qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
42.22 	(4) the applicant or licensee is engaged in nonclinical authorized social work 
42.23 	practice outside of Minnesota and the supervisor meets the qualifications equivalent to 
42.24 	the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an 
42.25 	equivalent mental health professional, as determined by the board, who is credentialed by 
42.26 	a state, territorial, provincial, or foreign licensing agency; or
42.27 	(5) the applicant or licensee is engaged in clinical authorized social work practice 
42.28 	outside of Minnesota and the supervisor meets qualifications equivalent to the applicable 
42.29 	requirements in section 148E.115, or the supervisor is an equivalent mental health 
42.30 	professional, as determined by the board, who is credentialed by a state, territorial, 
42.31 	provincial, or foreign licensing agency.
42.32 	(c) In order for the board to consider an alternate supervisor under this section, 
42.33 	the licensee must:
42.34 	(1) request in the supervision plan and verification submitted according to section 
42.35 	148E.125 that an alternate supervisor conduct the supervision; and
43.1 	(2) describe the proposed supervision and the name and qualifications of the 
43.2 	proposed alternate supervisor. The board may audit the information provided to determine 
43.3 	compliance with the requirements of this section.

43.4 	EFFECTIVE DATE. This section is effective August 1, 2011.

43.5 	Sec. 14. Minnesota Statutes 2010, section 149A.50, subdivision 1, is amended to read:
43.6 		Subdivision 1.License required. (a) Except as provided in section 149A.01, 
43.7 	subdivision 3, no person shall maintain, manage, or operate a place or premise devoted to 
43.8 	or used in the holding, care, or preparation of a dead human body for final disposition, 
43.9 	or any place used as the office or place of business for the provision of funeral services, 
43.10 	without possessing a valid license to operate a funeral establishment issued by the 
43.11 	commissioner of health.
43.12 	(b) Notwithstanding paragraph (a), a license is not required for the direct sale to 
43.13 	consumers of caskets, urns, or other funeral goods.

43.14 	Sec. 15. Minnesota Statutes 2010, section 150A.02, is amended to read:
43.15 	150A.02 BOARD OF DENTISTRY.
43.16 		Subdivision 1.Generally. There is hereby created a Board of Dentistry whose duty 
43.17 	it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to 
43.18 	150A.12. The board shall consist of two public members as defined by section 214.02, 
43.19 	and the following dental professionals who are licensed and reside in Minnesota: five 
43.20 	qualified resident dentists, one qualified resident licensed dental assistant, and one 
43.21 	qualified resident dental hygienist appointed by the governor. One qualified dentist must 
43.22 	be involved with the education, employment, or utilization of a dental therapist or an 
43.23 	advanced dental therapist. Membership terms, compensation of members, removal of 
43.24 	members, the filling of membership vacancies, and fiscal year and reporting requirements 
43.25 	shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative 
43.26 	services and office space; the review and processing of board complaints; the setting 
43.27 	of board fees; and other provisions relating to board operations shall be as provided in 
43.28 	chapter 214. Each board member who is a dentist, licensed dental assistant, or dental 
43.29 	hygienist shall have been lawfully in active practice in this state for five years immediately 
43.30 	preceding appointment; and no board member shall be eligible for appointment to more 
43.31 	than two consecutive four-year terms, and members serving on the board at the time of 
43.32 	the enactment hereof shall be eligible to reappointment provided they shall not have 
43.33 	served more than nine consecutive years at the expiration of the term to which they are to 
44.1 	be appointed. At least 90 days prior to the expiration of the terms of dentists, licensed 
44.2 	dental assistants, or dental hygienists, the Minnesota Dental Association, Minnesota 
44.3 	Dental Assistants Association, or the Minnesota State Dental Hygiene Association shall 
44.4 	recommend to the governor for each term expiring not less than two dentists, two licensed 
44.5 	dental assistants, or two dental hygienists, respectively, who are qualified to serve on the 
44.6 	board, and from the list so recommended the governor may appoint members to the board 
44.7 	for the term of four years, the appointments to be made within 30 days after the expiration 
44.8 	of the terms. Within 60 days after the occurrence of a dentist, licensed dental assistant, or 
44.9 	dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota 
44.10 	Dental Association, the Minnesota Dental Assistants Association, or the Minnesota State 
44.11 	Dental Hygiene Association shall recommend to the governor not less than two dentists, 
44.12 	two licensed dental assistants, or two dental hygienists, who are qualified to serve on the 
44.13 	board and from the list so recommended the governor, within 30 days after receiving such 
44.14 	list of dentists, may appoint one member to the board for the unexpired term occasioned 
44.15 	by such vacancy. Any appointment to fill a vacancy shall be made within 90 days after the 
44.16 	occurrence of such vacancy. The first four-year term of the dental hygienist and of the 
44.17 	licensed dental assistant shall commence on the first Monday in January, 1977.

44.18 	Sec. 16. Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to read:
44.19 		Subd. 1c.Specialty dentists. (a) The board may grant a specialty license in the 
44.20 	specialty areas of dentistry that are recognized by the American Dental Association.
44.21 	(b) An applicant for a specialty license shall:
44.22 	(1) have successfully completed a postdoctoral specialty education program 
44.23 	accredited by the Commission on Dental Accreditation of the American Dental 
44.24 	Association, or have announced a limitation of practice before 1967;
44.25 	(2) have been certified by a specialty examining board approved by the Minnesota 
44.26 	Board of Dentistry, or provide evidence of having passed a clinical examination for 
44.27 	licensure required for practice in any state or Canadian province, or in the case of oral and 
44.28 	maxillofacial surgeons only, have a Minnesota medical license in good standing;
44.29 	(3) have been in active practice or a postdoctoral specialty education program or 
44.30 	United States government service at least 2,000 hours in the 36 months prior to applying 
44.31 	for a specialty license;
44.32 	(4) if requested by the board, be interviewed by a committee of the board, which 
44.33 	may include the assistance of specialists in the evaluation process, and satisfactorily 
44.34 	respond to questions designed to determine the applicant's knowledge of dental subjects 
44.35 	and ability to practice;
45.1 	(5) if requested by the board, present complete records on a sample of patients 
45.2 	treated by the applicant. The sample must be drawn from patients treated by the applicant 
45.3 	during the 36 months preceding the date of application. The number of records shall be 
45.4 	established by the board. The records shall be reasonably representative of the treatment 
45.5 	typically provided by the applicant;
45.6 	(6) at board discretion, pass a board-approved English proficiency test if English is 
45.7 	not the applicant's primary language;
45.8 	(7) pass all components of the National Dental Board Dental Examinations;
45.9 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
45.10 	(9) abide by professional ethical conduct requirements; and
45.11 	(10) meet all other requirements prescribed by the Board of Dentistry.
45.12 	(c) The application must include:
45.13 	(1) a completed application furnished by the board;
45.14 	(2) at least two character references from two different dentists, one of whom must 
45.15 	be a dentist practicing in the same specialty area, and the other the director of the specialty 
45.16 	program attended;
45.17 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
45.18 	condition;
45.19 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the 
45.20 	applicant's visual acuity;
45.21 	(5) a nonrefundable fee; and
45.22 	(6) a notarized, unmounted passport-type photograph, three inches by three inches, 
45.23 	taken not more than six months before the date of application.
45.24 	(d) A specialty dentist holding a specialty license is limited to practicing in the 
45.25 	dentist's designated specialty area. The scope of practice must be defined by each national 
45.26 	specialty board recognized by the American Dental Association.
45.27 	(e) A specialty dentist holding a general dentist license is limited to practicing in the 
45.28 	dentist's designated specialty area if the dentist has announced a limitation of practice. 
45.29 	The scope of practice must be defined by each national specialty board recognized by 
45.30 	the American Dental Association.
45.31 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and 
45.32 	who intend to limit their practice to a particular specialty area may apply for a specialty 
45.33 	license.

45.34 	Sec. 17. Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:
46.1 		Subd. 3.Waiver of examination. (a) All or any part of the examination for dentists 
46.2 	or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry 
46.3 	and the rules of the board, may, at the discretion of the board, be waived for an applicant 
46.4 	who presents a certificate of qualification from having passed all components of the 
46.5 	National Board of Dental Examiners Examinations or evidence of having maintained an 
46.6 	adequate scholastic standing as determined by the board, in dental school as to dentists, or 
46.7 	dental hygiene school as to dental hygienists.
46.8 	(b) The board shall waive the clinical examination required for licensure for any 
46.9 	dentist applicant who is a graduate of a dental school accredited by the Commission 
46.10 	on Dental Accreditation of the American Dental Association, who has successfully 
46.11 	completed passed all components of the National Dental Board Examination Dental 
46.12 	Examinations, and who has satisfactorily completed a Minnesota-based postdoctoral 
46.13 	general dentistry residency program (GPR) or an advanced education in general dentistry 
46.14 	(AEGD) program after January 1, 2004. The postdoctoral program must be accredited 
46.15 	by the Commission on Dental Accreditation of the American Dental Association, be of 
46.16 	at least one year's duration, and include an outcome assessment evaluation assessing 
46.17 	the resident's competence to practice dentistry. The board may require the applicant to 
46.18 	submit any information deemed necessary by the board to determine whether the waiver is 
46.19 	applicable. The board may waive the clinical examination for an applicant who meets the 
46.20 	requirements of this paragraph and has satisfactorily completed an accredited postdoctoral 
46.21 	general dentistry residency program located outside of Minnesota.

46.22 	Sec. 18. Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:
46.23 		Subd. 4.Licensure by credentials. (a) Any dentist or dental hygienist may, upon 
46.24 	application and payment of a fee established by the board, apply for licensure based on 
46.25 	the applicant's performance record in lieu of passing an examination approved by the 
46.26 	board according to section 150A.03, subdivision 1, and be interviewed by the board to 
46.27 	determine if the applicant:
46.28 	(1) has passed all components of the National Board Dental Examinations;
46.29 	(1) (2) has been in active practice at least 2,000 hours within 36 months of the 
46.30 	application date, or passed a board-approved reentry program within 36 months of the 
46.31 	application date;
46.32 	(2) (3) currently has a license in another state or Canadian province and is not subject 
46.33 	to any pending or final disciplinary action, or if not currently licensed, previously had a 
46.34 	license in another state or Canadian province in good standing that was not subject to any 
46.35 	final or pending disciplinary action at the time of surrender;
47.1 	(3) (4) is of good moral character and abides by professional ethical conduct 
47.2 	requirements;
47.3 	(4) (5) at board discretion, has passed a board-approved English proficiency test if 
47.4 	English is not the applicant's primary language; and
47.5 	(5) (6) meets other credentialing requirements specified in board rule.
47.6 	(b) An applicant who fulfills the conditions of this subdivision and demonstrates 
47.7 	the minimum knowledge in dental subjects required for licensure under subdivision 1 or 
47.8 	2 must be licensed to practice the applicant's profession.
47.9 	(c) If the applicant does not demonstrate the minimum knowledge in dental subjects 
47.10 	required for licensure under subdivision 1 or 2, the application must be denied. When 
47.11 	denying a license, the board may notify the applicant of any specific remedy that the 
47.12 	applicant could take which, when passed, would qualify the applicant for licensure. A 
47.13 	denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.
47.14 	(d) A candidate whose application has been denied may appeal the decision to the 
47.15 	board according to subdivision 4a.

47.16 	Sec. 19. Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:
47.17 		Subd. 6.Display of name and certificates. (a) The initial license and subsequent 
47.18 	renewal, or current registration certificate, of every dentist, a dental therapist, dental 
47.19 	hygienist, or dental assistant shall be conspicuously displayed in every office in which that 
47.20 	person practices, in plain sight of patients. When available from the board, the board shall 
47.21 	allow the display of a wallet-sized initial license and wallet-sized subsequent renewal 
47.22 	certificate only at nonprimary practice locations instead of displaying an original-sized 
47.23 	initial license and subsequent renewal certificate.
47.24 	(b) Near or on the entrance door to every office where dentistry is practiced, the 
47.25 	name of each dentist practicing there, as inscribed on the current license certificate, shall 
47.26 	be displayed in plain sight.

47.27 	Sec. 20. Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:
47.28 		Subd. 3.Current address, change of address. Every dentist, dental therapist, 
47.29 	dental hygienist, and dental assistant shall maintain with the board a correct and current 
47.30 	mailing address and electronic mail address. For dentists engaged in the practice of 
47.31 	dentistry, the postal address shall be that of the location of the primary dental practice. 
47.32 	Within 30 days after changing postal or electronic mail addresses, every dentist, dental 
47.33 	therapist, dental hygienist, and dental assistant shall provide the board written notice of 
47.34 	the new address either personally or by first class mail.

48.1 	Sec. 21. Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:
48.2 		Subd. 7.Use of dental assistants. (a) A licensed dental therapist may supervise 
48.3 	dental assistants to the extent permitted in the collaborative management agreement and 
48.4 	according to section 150A.10, subdivision 2.
48.5 	(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to 
48.6 	supervising no more than four registered licensed dental assistants or nonregistered
48.7 	nonlicensed dental assistants at any one practice setting.

48.8 	Sec. 22. Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:
48.9 		Subdivision 1.General. In order to be certified by the board to practice as an 
48.10 	advanced dental therapist, a person must:
48.11 	(1) complete a dental therapy education program;
48.12 	(2) pass an examination to demonstrate competency under the dental therapy scope 
48.13 	of practice;
48.14 	(3) be licensed as a dental therapist;
48.15 	(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect 
48.16 	supervision;
48.17 	(5) graduate from a master's advanced dental therapy education program;
48.18 	(6) pass a board-approved certification examination to demonstrate competency 
48.19 	under the advanced scope of practice; and
48.20 	(7) submit an application and fee for certification as prescribed by the board.

48.21 	Sec. 23. Minnesota Statutes 2010, section 150A.14, is amended to read:
48.22 	150A.14 IMMUNITY.
48.23 		Subdivision 1.Reporting immunity. A person, health care facility, business, or 
48.24 	organization is immune from civil liability or criminal prosecution for submitting a report 
48.25 	in good faith to the board under section 150A.13, or for cooperating with an investigation 
48.26 	of a report or with staff of the board relative to violations or alleged violations of section 
48.27 	150A.08. Reports are confidential data on individuals under section 13.02, subdivision 3, 
48.28 	and are privileged communications. 
48.29 		Subd. 2.Program Investigation immunity. (a) Members of the board, persons 
48.30 	employed by the board, and board consultants retained by the board are immune from 
48.31 	civil liability and criminal prosecution for any actions, transactions, or publications in 
48.32 	the execution of, or relating to, their duties under section 150A.13 sections 150A.02 to 
48.33 	150A.21, 214.10, and 214.103. 
49.1 	(b) For purposes of this section, a member of the board or a consultant described in 
49.2 	paragraph (a) is considered a state employee under section 3.736, subdivision 9.

49.3 	Sec. 24. Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision 
49.4 	to read:
49.5 		Subd. 5.Health-related boards. No current member of a health-related licensing 
49.6 	board may seek a paid employment position with that board.

49.7 	Sec. 25. Minnesota Statutes 2010, section 214.103, is amended to read:
49.8 	214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT, 
49.9 	INVESTIGATION, AND HEARING.
49.10 		Subdivision 1.Application. For purposes of this section, "board" means 
49.11 	"health-related licensing board" and does not include the non-health-related licensing 
49.12 	boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as 
49.13 	they apply to the health-related licensing boards.
49.14 		Subd. 1a.Notifications and resolution. (a) No more than 14 calendar days after 
49.15 	receiving a complaint regarding a licensee, the board shall notify the complainant that 
49.16 	the board has received the complaint and shall provide the complainant with the written 
49.17 	description of the board's complaint process. The board shall periodically, but no less 
49.18 	than every 120 days, notify the complainant of the status of the complaint consistent 
49.19 	with section 13.41.
49.20 	(b) Except as provided in paragraph (d), no more than 60 calendar days after 
49.21 	receiving a complaint regarding a licensee, the board must notify the licensee that the 
49.22 	board has received a complaint and inform the licensee of:
49.23 	(1) the substance of the complaint;
49.24 	(2) the sections of the law that have allegedly been violated;
49.25 	(3) the sections of the professional rules that have allegedly been violated; and
49.26 	(4) whether an investigation is being conducted.
49.27 	(c) The board shall periodically, but not less than every 120 days, notify the licensee 
49.28 	of the status of the complaint consistent with section 13.41.
49.29 	(d) Paragraphs (b) and (c) do not apply if the board determines that the notice 
49.30 	would compromise the board's investigation and that the notice cannot reasonably be 
49.31 	accomplished within this time.
49.32 	(e) No more than one year after receiving a complaint regarding a licensee, the 
49.33 	board must resolve or dismiss the complaint unless the board determines that resolving or 
50.1 	dismissing the complaint cannot reasonably be accomplished in this time and is not in 
50.2 	the public interest.
50.3 	(f) Failure to make notifications or to resolve the complaint within the time 
50.4 	established in this subdivision shall not deprive the board of jurisdiction to complete the 
50.5 	investigation or to take corrective, disciplinary, or other action against the licensee that is 
50.6 	authorized by law. Such a failure by the board shall not be the basis for a licensee's request 
50.7 	for the board to dismiss a complaint, and shall not be considered by an administrative law 
50.8 	judge, the board, or any reviewing court.
50.9 		Subd. 2.Receipt of complaint. The boards shall receive and resolve complaints 
50.10 	or other communications, whether oral or written, against regulated persons. Before 
50.11 	resolving an oral complaint, the executive director or a board member designated by the 
50.12 	board to review complaints may shall  require the complainant to state the complaint in 
50.13 	writing or authorize transcribing the complaint. The executive director or the designated 
50.14 	board member shall determine whether the complaint alleges or implies a violation of 
50.15 	a statute or rule which the board is empowered to enforce. The executive director or 
50.16 	the designated board member may consult with the designee of the attorney general as 
50.17 	to a board's jurisdiction over a complaint. If the executive director or the designated 
50.18 	board member determines that it is necessary, the executive director may seek additional 
50.19 	information to determine whether the complaint is jurisdictional or to clarify the nature 
50.20 	of the allegations by obtaining records or other written material, obtaining a handwriting 
50.21 	sample from the regulated person, clarifying the alleged facts with the complainant, and 
50.22 	requesting a written response from the subject of the complaint.
50.23 		Subd. 3.Referral to other agencies. The executive director shall forward to 
50.24 	another governmental agency any complaints received by the board which do not relate 
50.25 	to the board's jurisdiction but which relate to matters within the jurisdiction of another 
50.26 	governmental agency. The agency shall advise the executive director of the disposition 
50.27 	of the complaint. A complaint or other information received by another governmental 
50.28 	agency relating to a statute or rule which a board is empowered to enforce must be 
50.29 	forwarded to the executive director of the board to be processed in accordance with this 
50.30 	section. Governmental agencies may coordinate and conduct joint investigations of 
50.31 	complaints that involve more than one governmental agency.
50.32 		Subd. 4.Role of the attorney general. The executive director or the designated 
50.33 	board member shall forward a complaint and any additional information to the designee 
50.34 	of the attorney general when the executive director or the designated board member 
50.35 	determines that a complaint is jurisdictional and:
51.1 	(1) requires investigation before the executive director or the designated board 
51.2 	member may resolve the complaint;
51.3 	(2) that attempts at resolution for disciplinary action or the initiation of a contested 
51.4 	case hearing is appropriate;
51.5 	(3) that an agreement for corrective action is warranted; or
51.6 	(4) that the complaint should be dismissed, consistent with subdivision 8.
51.7 		Subd. 5.Investigation by attorney general. (a) If the executive director or the 
51.8 	designated board member determines that investigation is necessary before resolving 
51.9 	the complaint, the executive director shall forward the complaint and any additional 
51.10 	information to the designee of the attorney general. The designee of the attorney general 
51.11 	shall evaluate the communications forwarded and investigate as appropriate. 
51.12 	(b) The designee of the attorney general may also investigate any other complaint 
51.13 	forwarded under subdivision 3 when the designee of the attorney general determines that 
51.14 	investigation is necessary. 
51.15 	(c) In the process of evaluation and investigation, the designee shall consult with 
51.16 	or seek the assistance of the executive director or the designated board member. The 
51.17 	designee may also consult with or seek the assistance of other qualified persons who are 
51.18 	not members of the board who the designee believes will materially aid in the process of 
51.19 	evaluation or investigation. 
51.20 	(d) Upon completion of the investigation, the designee shall forward the investigative 
51.21 	report to the executive director with recommendations for further consideration or 
51.22 	dismissal.
51.23 		Subd. 6.Attempts at resolution. (a) At any time after receipt of a complaint, the 
51.24 	executive director or the designated board member may attempt to resolve the complaint 
51.25 	with the regulated person. The available means for resolution include a conference or 
51.26 	any other written or oral communication with the regulated person. A conference may 
51.27 	be held for the purposes of investigation, negotiation, education, or conciliation. Neither 
51.28 	the executive director nor any member of a board's staff shall be a voting member in any 
51.29 	attempts at resolutions which may result in disciplinary or corrective action. The results 
51.30 	of attempts at resolution with the regulated person may include a recommendation to 
51.31 	the board for disciplinary action, an agreement between the executive director or the 
51.32 	designated board member and the regulated person for corrective action, or the dismissal 
51.33 	of a complaint. If attempts at resolution are not in the public interest or are not satisfactory 
51.34 	to the executive director or the designated board member, then the executive director or 
51.35 	the designated board member may initiate a contested case hearing may be initiated.
52.1 	(1) The designee of the attorney general shall represent the board in all attempts at 
52.2 	resolution which the executive director or the designated board member anticipate may 
52.3 	result in disciplinary action. A stipulation between the executive director or the designated 
52.4 	board member and the regulated person shall be presented to the board for the board's 
52.5 	consideration. An approved stipulation and resulting order shall become public data.
52.6 	(2) The designee of the attorney general shall represent the board upon the request of 
52.7 	the executive director or the designated board member in all attempts at resolution which 
52.8 	the executive director or the designated board member anticipate may result in corrective 
52.9 	action. Any agreement between the executive director or the designated board member 
52.10 	and the regulated person for corrective action shall be in writing and shall be reviewed by 
52.11 	the designee of the attorney general prior to its execution. The agreement for corrective 
52.12 	action shall provide for dismissal of the complaint upon successful completion by the 
52.13 	regulated person of the corrective action.
52.14 	(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a 
52.15 	client, the board must forward the complaint to the designee of the attorney general for 
52.16 	an investigation. If, after it is investigated, the complaint appears to provide a basis for 
52.17 	disciplinary action, the board shall resolve the complaint by disciplinary action or initiate 
52.18 	a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take 
52.19 	corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a 
52.20 	client unless, in the opinion of the executive director, the designated board member, and the 
52.21 	designee of the attorney general, there is insufficient evidence to justify disciplinary action.
52.22 		Subd. 7.Contested case hearing. If the executive director or the designated board 
52.23 	member determines that attempts at resolution of a complaint are not in the public interest 
52.24 	or are not satisfactory to the executive director or the designated board member, the 
52.25 	executive director or the designated board member, after consultation with the designee 
52.26 	of the attorney general, and the concurrence of a second board member, may initiate a 
52.27 	contested case hearing under chapter 14. The designated board member or any board 
52.28 	member who was consulted during the course of an investigation may participate at the 
52.29 	contested case hearing. A designated or consulted board member may not deliberate or 
52.30 	vote in any proceeding before the board pertaining to the case.
52.31 		Subd. 8.Dismissal and reopening of a complaint. (a) A complaint may not be 
52.32 	dismissed without the concurrence of at least two board members and, upon the request 
52.33 	of the complainant, a review by a representative of the attorney general's office. The 
52.34 	designee of the attorney general must review before dismissal any complaints which 
52.35 	allege any violation of chapter 609, any conduct which would be required to be reported 
52.36 	under section 626.556 or 626.557, any sexual contact or sexual conduct with a client, 
53.1 	any violation of a federal law, any actual or potential inability to practice the regulated 
53.2 	profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other 
53.3 	materials, or as a result of any mental or physical condition, any violation of state medical 
53.4 	assistance laws, or any disciplinary action related to credentialing in another jurisdiction 
53.5 	or country which was based on the same or related conduct specified in this subdivision.
53.6 	(b) The board may reopen a dismissed complaint if the board receives newly 
53.7 	discovered information that was not available to the board during the initial investigation 
53.8 	of the complaint, or if the board receives a new complaint that indicates a pattern of 
53.9 	behavior or conduct.
53.10 		Subd. 9.Information to complainant. A board shall furnish to a person who made 
53.11 	a complaint a written description of the board's complaint process, and actions of the 
53.12 	board relating to the complaint.
53.13 		Subd. 10.Prohibited participation by board member. A board member who 
53.14 	has actual bias or a current or former direct financial or professional connection with a 
53.15 	regulated person may not vote in board actions relating to the regulated person.

53.16 	Sec. 26. [214.107] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL 
53.17 	CONDUCT OFFENSE.
53.18 		Subdivision 1.Applicability. This section applies to the health-related licensing 
53.19 	boards, as defined in section 214.01, subdivision 2, except the Board of Medical Practice 
53.20 	and the Board of Chiropractic Examiners, and also applies to the Board of Barber 
53.21 	Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the 
53.22 	Minnesota Department of Health: (1) speech-language pathologists and audiologists; (2) 
53.23 	hearing instrument dispensers; and (3) occupational therapists and occupational therapy 
53.24 	assistants.
53.25 		Subd. 2.Issuing and renewing credential to practice. (a) Except as provided in 
53.26 	paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a 
53.27 	credential to practice to any person who has been convicted on or after August 1, 2011, of 
53.28 	any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344, 
53.29 	subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
53.30 	(b) A credentialing authority listed in subdivision 1 shall not issue or renew a 
53.31 	credential to practice to any person who has been convicted in any other state or country on 
53.32 	or after August 1, 2011, of an offense where the elements of the offense are substantially 
53.33 	similar to any of the offenses listed in paragraph (a).
53.34 	(c) A credential to practice is automatically revoked if the credentialed person is 
53.35 	convicted of an offense listed in paragraph (a).
54.1 	(d) A credential to practice that has been denied or revoked under this section is 
54.2 	not subject to chapter 364.
54.3 	(e) For purposes of this section, "conviction" means a plea of guilty, a verdict of 
54.4 	guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or 
54.5 	execution of the sentence and final disposition of the case is accomplished at a nonfelony 
54.6 	level.
54.7 	(f) A credentialing authority listed in subdivision 1 may establish criteria whereby 
54.8 	an individual convicted of an offense listed in paragraph (a) may become credentialed 
54.9 	provided that the criteria:
54.10 	(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
54.11 	(2) provide a standard for overcoming the presumption; and
54.12 	(3) require that a minimum of ten years has elapsed since the applicant was released 
54.13 	from any incarceration or supervisory jurisdiction related to the offense.
54.14 	A credentialing authority listed in subdivision 1 shall not consider an application under 
54.15 	this paragraph if the board determines that the victim involved in the offense was a patient 
54.16 	or a client of the applicant at the time of the offense.

54.17 	EFFECTIVE DATE. This section is effective for credentials issued or renewed on 
54.18 	or after August 1, 2011.

54.19 	Sec. 27. [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE 
54.20 	GUIDANCE.
54.21 	A health-related licensing board may offer guidance to current licensees about the 
54.22 	application of laws and rules the board is empowered to enforce. This guidance shall not 
54.23 	bind any court or other adjudicatory body.

54.24 	Sec. 28. Minnesota Statutes 2010, section 364.09, is amended to read:
54.25 	364.09 EXCEPTIONS.
54.26 	(a) This chapter does not apply to the licensing process for peace officers; to law 
54.27 	enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 
54.28 	protection agencies; to eligibility for a private detective or protective agent license; to the 
54.29 	licensing and background study process under chapters 245A and 245C; to eligibility 
54.30 	for school bus driver endorsements; to eligibility for special transportation service 
54.31 	endorsements; to eligibility for a commercial driver training instructor license, which is 
54.32 	governed by section 171.35 and rules adopted under that section; to emergency medical 
54.33 	services personnel, or to the licensing by political subdivisions of taxicab drivers, if the 
55.1 	applicant for the license has been discharged from sentence for a conviction within the ten 
55.2 	years immediately preceding application of a violation of any of the following:
55.3 	(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
55.4 	subdivision 2 or 3;
55.5 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 
55.6 	15 years or more; or
55.7 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
55.8 	the scene of an accident, or reckless or careless driving.
55.9 	This chapter also shall not apply to eligibility for juvenile corrections employment, where 
55.10 	the offense involved child physical or sexual abuse or criminal sexual conduct.
55.11 	(b) This chapter does not apply to a school district or to eligibility for a license 
55.12 	issued or renewed by the Board of Teaching or the commissioner of education.
55.13 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers 
55.14 	Training Board or the state fire marshal from recommending policies set forth in this 
55.15 	chapter to the attorney general for adoption in the attorney general's discretion to apply to 
55.16 	law enforcement or fire protection agencies.
55.17 	(d) This chapter does not apply to a license to practice medicine that has been denied 
55.18 	or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
55.19 	(e) This chapter does not apply to any person who has been denied a license to 
55.20 	practice chiropractic or whose license to practice chiropractic has been revoked by the 
55.21 	board in accordance with section 148.10, subdivision 7.
55.22 	(f) This chapter does not apply to any person who has been denied a credential to 
55.23 	practice or whose credential to practice has been revoked by a credentialing authority 
55.24 	according to section 214.107, subdivision 2.

55.25 	EFFECTIVE DATE. This section is effective for credentials issued or renewed on 
55.26 	or after August 1, 2011.

55.27 	Sec. 29. Laws 2010, chapter 349, section 1, the effective date, is amended to read:

55.28 	EFFECTIVE DATE. This section is effective for new licenses issued or renewed 
55.29 	on or after August 1, 2010.

55.30 	Sec. 30. Laws 2010, chapter 349, section 2, the effective date, is amended to read:

55.31 	EFFECTIVE DATE. This section is effective for new licenses issued or renewed
55.32 	on or after August 1, 2010.

56.1 	Sec. 31. WORKING GROUP; PSYCHIATRIC MEDICATIONS.
 56.2 	(a) The commissioner of health shall convene a working group composed of the 
56.3 	executive directors of the Boards of Medical Practice, Psychology, Social Work, Nursing, 
56.4 	and Behavioral Health and Therapy and one representative from each professional 
56.5 	association to make recommendations on the feasibility of developing collaborative 
56.6 	agreements between psychiatrists and psychologists, social workers, and licensed 
56.7 	professional clinical counselors for administration and management of psychiatric 
56.8 	medications.
56.9 	(b) The executive directors shall take the lead in setting the agenda, convening 
56.10 	subsequent meetings, and presenting a written report to the chairs and ranking minority 
56.11 	members of the legislative committees with jurisdiction over health and human services. 
56.12 	The report and recommendations for legislation shall be submitted no later than January 
56.13 	1, 2012.
56.14 	(c) The working group is not subject to Minnesota Statutes, section 15.059.

56.15 	Sec. 32. REPORT.
 56.16 	(a) The executive directors of the health-related licensing boards shall issue a report 
56.17 	to the legislature with recommendations for use of nondisciplinary cease and desist letters 
56.18 	that can be issued to licensees when the board receives an allegation against a licensee, but 
56.19 	the allegation does not rise to the level of a complaint, does not involve patient harm, and 
56.20 	does not involve fraud. The report shall be issued no later than December 15, 2011.
56.21 	(b) The executive directors of the health-related licensing boards shall issue a report 
56.22 	to the legislature with recommendations for taking administrative action against licensees 
56.23 	whose records do not meet the standards of professional practice, but do not create a risk 
56.24 	of client harm or constitute false or fraudulent information. The report shall be issued 
56.25 	no later than December 15, 2011.

56.26 	Sec. 33. REVISOR'S INSTRUCTION.
 56.27 	In each practice act regulated by a credentialing authority listed in section 26, the 
56.28 	revisor shall insert the following as either a new section or new subdivision: 
56.29 	Applicants for a credential to practice and individuals renewing a credential to 
56.30 	practice are subject to the provisions of the conviction of felony-level criminal sexual 
56.31 	conduct offenses in section 26.

57.1 	ARTICLE 4
57.2 	PAIN-CAPABLE UNBORN CHILD PROTECTION

57.3 	Section 1. SHORT TITLE.
 57.4 	This act may be cited as the "Pain-Capable Unborn Child Protection Act."

57.5 	Sec. 2. [8.40] LITIGATION DEFENSE FUND.
57.6 	(a) There is created a special revenue fund known as the Pain-Capable Unborn Child 
57.7 	Protection Act litigation fund for the purpose of providing funds to pay for any costs and 
57.8 	expenses incurred by the state attorney general in relation to actions surrounding defense 
57.9 	of sections 145.4141 to 145.4148.
57.10 	(b) The fund shall be maintained by the state Office of Management and Budget.
57.11 	(c) The litigation  fund shall consist of:
57.12 	(1) appropriations made to the account by the legislature; and
57.13 	(2) any donations, gifts, or grants made to the account by private citizens or entities.
57.14 	(d) The litigation fund shall retain the interest income derived from the money 
57.15 	credited to the fund.

57.16 	Sec. 3. Minnesota Statutes 2010, section 145.4131, subdivision 1, is amended to read:
57.17 		Subdivision 1.Forms. (a) Within 90 days of July 1, 1998, the commissioner shall 
57.18 	prepare a reporting form for use by physicians or facilities performing abortions. A copy 
57.19 	of this section shall be attached to the form. A physician or facility performing an abortion 
57.20 	shall obtain a form from the commissioner.
57.21 	(b) The form shall require the following information:
57.22 	(1) the number of abortions performed by the physician in the previous calendar 
57.23 	year, reported by month;
57.24 	(2) the method used for each abortion;
57.25 	(3) the approximate gestational age expressed in one of the following increments:
57.26 	(i) less than nine weeks;
57.27 	(ii) nine to ten weeks;
57.28 	(iii) 11 to 12 weeks;
57.29 	(iv) 13 to 15 weeks;
57.30 	(v) 16 to 20 weeks;
57.31 	(vi) 21 to 24 weeks;
57.32 	(vii) 25 to 30 weeks;
57.33 	(viii) 31 to 36 weeks; or
58.1 	(ix) 37 weeks to term;
58.2 	(4) the age of the woman at the time the abortion was performed;
58.3 	(5) the specific reason for the abortion, including, but not limited to, the following:
58.4 	(i) the pregnancy was a result of rape;
58.5 	(ii) the pregnancy was a result of incest;
58.6 	(iii) economic reasons;
58.7 	(iv) the woman does not want children at this time;
58.8 	(v) the woman's emotional health is at stake;
58.9 	(vi) the woman's physical health is at stake;
58.10 	(vii) the woman will suffer substantial and irreversible impairment of a major bodily 
58.11 	function if the pregnancy continues;
58.12 	(viii) the pregnancy resulted in fetal anomalies; or
58.13 	(ix) unknown or the woman refused to answer;
58.14 	(6) the number of prior induced abortions;
58.15 	(7) the number of prior spontaneous abortions;
58.16 	(8) whether the abortion was paid for by:
58.17 	(i) private coverage;
58.18 	(ii) public assistance health coverage; or
58.19 	(iii) self-pay;
58.20 	(9) whether coverage was under:
58.21 	(i) a fee-for-service plan;
58.22 	(ii) a capitated private plan; or
58.23 	(iii) other;
58.24 	(10) complications, if any, for each abortion and for the aftermath of each abortion. 
58.25 	Space for a description of any complications shall be available on the form; and
58.26 	(11) the medical specialty of the physician performing the abortion.;
58.27 	(12) whether a determination of probable postfertilization age was made and the 
58.28 	probable postfertilization age determined:
58.29 	(i) the method used to make such a determination; or
58.30 	(ii) if a determination was not made prior to performing an abortion, the basis of 
58.31 	the determination that a medical emergency existed; and
58.32 	(13) for abortions performed after a determination of postfertilization age of 20 or 
58.33 	more weeks, the basis of the determination that the pregnant woman had a condition that 
58.34 	so complicated her medical condition as to necessitate the abortion of her pregnancy to 
58.35 	avert her death or to avert serious risk of substantial and irreversible physical impairment 
58.36 	of a major bodily function, not including psychological or emotional conditions.

59.1 	Sec. 4. [145.4141] DEFINITIONS.
59.2 		Subdivision 1.Scope. For purposes of sections 145.4141 to 145.4148, the following 
59.3 	terms have the meanings given them.
59.4 		Subd. 2.Abortion. "Abortion" means the use or prescription of any instrument, 
59.5 	medicine, drug, or any other substance or device to terminate the pregnancy of a woman 
59.6 	known to be pregnant with an intention other than to increase the probability of a live 
59.7 	birth, to preserve the life or health of the child after live birth, or to remove a dead unborn 
59.8 	child who died as the result of natural causes in utero, accidental trauma, or a criminal 
59.9 	assault on the pregnant woman or her unborn child, and which causes the premature 
59.10 	termination of the pregnancy.
59.11 		Subd. 3.Attempt to perform or induce an abortion. "Attempt to perform or 
59.12 	induce an abortion" means an act, or an omission of a statutorily required act, that, under 
59.13 	the circumstances as the actor believes them to be, constitutes a substantial step in a 
59.14 	course of conduct planned to culminate in the performance or induction of an abortion in 
59.15 	this state in violation of sections 145.4141 to 145.4148.
59.16 		Subd. 4.Fertilization. "Fertilization" means the fusion of a human spermatozoon 
59.17 	with a human ovum.
59.18 		Subd. 5.Medical emergency. "Medical emergency" means a condition that, 
59.19 	in reasonable medical judgment, so complicates the medical condition of the pregnant 
59.20 	woman that it necessitates the immediate abortion of her pregnancy without first 
59.21 	determining postfertilization age to avert her death or for which the delay necessary to 
59.22 	determine postfertilization age will create serious risk of substantial and irreversible 
59.23 	physical impairment of a major bodily function not including psychological or emotional 
59.24 	conditions. No condition shall be deemed a medical emergency if based on a claim or 
59.25 	diagnosis that the woman will engage in conduct which she intends to result in her death 
59.26 	or in substantial and irreversible physical impairment of a major bodily function.
59.27 		Subd. 6.Physician. "Physician" means any person licensed to practice medicine 
59.28 	and surgery or osteopathic medicine and surgery in this state.
59.29 		Subd. 7.Postfertilization age. "Postfertilization age" means the age of the unborn 
59.30 	child as calculated from the fusion of a human spermatozoon with a human ovum.
59.31 		Subd. 8.Probable postfertilization age of the unborn child. "Probable 
59.32 	postfertilization age of the unborn child" means what, in reasonable medical judgment, 
59.33 	will with reasonable probability be the postfertilization age of the unborn child at the time 
59.34 	the abortion is planned to be performed or induced.
59.35 		Subd. 9.Reasonable medical judgment. "Reasonable medical judgment" means a 
59.36 	medical judgment that would be made by a reasonably prudent physician knowledgeable 
60.1 	about the case and the treatment possibilities with respect to the medical conditions 
60.2 	involved.
60.3 		Subd. 10.Unborn child or fetus. "Unborn child" or "fetus" means an individual 
60.4 	organism of the species homo sapiens from fertilization until live birth.
60.5 		Subd. 11.Woman. "Woman" means a female human being whether or not she 
60.6 	has reached the age of majority.

60.7 	Sec. 5. [145.4142] LEGISLATIVE FINDINGS.
60.8 	(a) The legislature makes the following findings.
60.9 	(b) Pain receptors (nociceptors) are present throughout an unborn child's entire body 
60.10 	and nerves link these receptors to the brain's thalamus and subcortical plate by 20 weeks.
60.11 	(c) By eight weeks after fertilization, an unborn child reacts to touch. After 20 
60.12 	weeks an unborn child reacts to stimuli that would be recognized as painful if applied to 
60.13 	an adult human, for example by recoiling.
60.14 	(d) In the unborn child, application of such painful stimuli is associated with 
60.15 	significant increases in stress hormones known as the stress response.
60.16 	(e) Subjection to such painful stimuli is associated with long-term harmful 
60.17 	neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, 
60.18 	behavioral, and learning disabilities later in life.
60.19 	(f) For the purposes of surgery on an unborn child, fetal anesthesia is routinely 
60.20 	administered and is associated with a decrease in stress hormones compared to the level 
60.21 	when painful stimuli is applied without anesthesia.
60.22 	(g) The position, asserted by some medical experts, that an unborn child is incapable 
60.23 	of experiencing pain until a point later in pregnancy than 20 weeks after fertilization 
60.24 	predominately rests on the assumption that the ability to experience pain depends on the 
60.25 	cerebral cortex and requires nerve connections between the thalamus and the cortex. 
60.26 	However, recent medical research and analysis, especially since 2007, provides strong 
60.27 	evidence for the conclusion that a functioning cortex is not necessary to experience pain.
60.28 	(h) Substantial evidence indicates that children born missing the bulk of the cerebral 
60.29 	cortex, those with hydranencephaly, nevertheless experience pain.
60.30 	(i) In adults, stimulation or ablation of the cerebral cortex does not alter pain 
60.31 	perception, while stimulation or ablation of the thalamus does.
60.32 	(j) Substantial evidence indicates that structures used for pain processing in early 
60.33 	development differ from those of adults, using different neural elements available at 
60.34 	specific times during development, such as the subcortical plate, to fulfill the role of 
60.35 	pain processing.
61.1 	(k) The position asserted by some medical experts, that the unborn child remains in a 
61.2 	coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with 
61.3 	the documented reaction of unborn children to painful stimuli and with the experience of 
61.4 	fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to 
61.5 	prevent the unborn child from thrashing about in reaction to invasive surgery.
61.6 	(l) Consequently, there is substantial medical evidence that an unborn child is 
61.7 	capable of experiencing pain by 20 weeks after fertilization.
61.8 	(m) It is the purpose of the state to assert a compelling state interest in protecting the 
61.9 	lives of unborn children from the stage at which substantial medical evidence indicates 
61.10 	that they are capable of feeling pain.

61.11 	Sec. 6. [145.4143] DETERMINATION OF GESTATIONAL AGE.
61.12 		Subdivision 1.Determination of postfertilization age. Except in the case of a 
61.13 	medical emergency, no abortion shall be performed or induced or be attempted to be 
61.14 	performed or induced unless the physician performing or inducing it has first made a 
61.15 	determination of the probable postfertilization age of the unborn child or relied upon 
61.16 	such a determination made by another physician. In making such a determination, the 
61.17 	physician shall make those inquiries of the woman and perform or cause to be performed 
61.18 	those medical examinations and tests that a reasonably prudent physician, knowledgeable 
61.19 	about the case and the medical conditions involved, would consider necessary to perform 
61.20 	in making an accurate diagnosis with respect to postfertilization age.
61.21 		Subd. 2.Unprofessional conduct. Failure by any physician to conform to any 
61.22 	requirement of this section constitutes unprofessional conduct under section 147.091, 
61.23 	paragraph (k).

61.24 	Sec. 7. [145.4144] ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS 
61.25 	GESTATIONAL AGE PROHIBITED; CAPABLE OF FEELING PAIN.
61.26 		Subdivision 1.Abortion prohibition; exemption. No person shall perform or 
61.27 	induce or attempt to perform or induce an abortion upon a woman when it has been 
61.28 	determined, by the physician performing or inducing or attempting to perform or induce 
61.29 	the abortion, or by another physician upon whose determination that physician relies, 
61.30 	that the probable postfertilization age of the woman's unborn child is 20 or more weeks 
61.31 	unless, in reasonable medical judgment, she has a condition which so complicates her 
61.32 	medical condition as to necessitate the abortion of her pregnancy to avert her death or to 
61.33 	avert serious risk of substantial and irreversible physical impairment of a major bodily 
61.34 	function, not including psychological or emotional conditions. No such condition shall 
62.1 	be deemed to exist if it is based on a claim or diagnosis that the woman will engage in 
62.2 	conduct which she intends to result in her death or in substantial and irreversible physical 
62.3 	impairment of a major bodily function. 
62.4 		Subd. 2.When abortion not prohibited. When an abortion upon a woman whose 
62.5 	unborn child has been determined to have a probable postfertilization age of 20 or more 
62.6 	weeks is not prohibited by this section, the physician shall terminate the pregnancy in 
62.7 	the manner which, in reasonable medical judgment, provides the best opportunity for 
62.8 	the unborn child to survive unless, in reasonable medical judgment, termination of the 
62.9 	pregnancy in that manner would pose a greater risk either of the death of the pregnant 
62.10 	woman or of the substantial and irreversible physical impairment of a major bodily 
62.11 	function, not including psychological or emotional conditions, of the woman than would 
62.12 	other available methods. No such greater risk shall be deemed to exist if it is based on a 
62.13 	claim or diagnosis that the woman will engage in conduct which she intends to result in 
62.14 	her death or in substantial and irreversible physical impairment of a major bodily function. 

62.15 	Sec. 8. [145.4145] ENFORCEMENT.
62.16 		Subdivision 1.Criminal penalties. A person who intentionally or recklessly 
62.17 	performs or induces or attempts to perform or induce an abortion in violation of sections 
62.18 	145.4141 to 145.4148 shall be guilty of a felony. No penalty may be assessed against the 
62.19 	woman upon whom the abortion is performed or induced or attempted to be performed or 
62.20 	induced.
62.21 		Subd. 2.Civil remedies. (a) A woman upon whom an abortion has been performed 
62.22 	or induced in violation of sections 145.4141 to 145.4148, or the father of the unborn child 
62.23 	who was the subject of such an abortion, may maintain an action against the person who 
62.24 	performed or induced the abortion in intentional or reckless violation of sections 145.4141 
62.25 	to 145.4148 for actual and punitive damages. A woman upon whom an abortion has been 
62.26 	attempted in violation of sections 145.4141 to 145.4148 may maintain an action against 
62.27 	the person who attempted to perform or induce the abortion in an intentional or reckless 
62.28 	violation of sections 145.4141 to 145.4148 for actual and punitive damages.
62.29 	(b) A cause of action for injunctive relief against a person who has intentionally 
62.30 	violated sections 145.4141 to 145.4148 may be maintained by the woman upon whom an 
62.31 	abortion was performed or induced or attempted to be performed or induced in violation of 
62.32 	sections 145.4141 to 145.4148; by a person who is the father of the unborn child subject 
62.33 	to an abortion, parent, sibling, or guardian of, or a current or former licensed health 
62.34 	care provider of, the woman upon whom an abortion has been performed or induced or 
62.35 	attempted to be performed or induced in violation of sections 145.4141 to 145.4148; by a 
63.1 	county attorney with appropriate jurisdiction; or by the attorney general. The injunction 
63.2 	shall prevent the abortion provider from performing or inducing or attempting to perform 
63.3 	or induce further abortions in this state in violation of sections 145.4141 to 145.4148.
63.4 	(c) If judgment is rendered in favor of the plaintiff in an action described in this 
63.5 	section, the court shall also render judgment for reasonable attorney fees in favor of 
63.6 	the plaintiff against the defendant.
63.7 	(d) If judgment is rendered in favor of the defendant and the court finds that the 
63.8 	plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment 
63.9 	for reasonable attorney fees in favor of the defendant against the plaintiff.
63.10 	(e) No damages or attorney fees may be assessed against the woman upon whom 
63.11 	an abortion was performed or induced or attempted to be performed or induced except 
63.12 	according to paragraph (d).

63.13 	Sec. 9. [145.4146] PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
63.14 	In every civil or criminal proceeding or action brought under the Pain-Capable 
63.15 	Unborn Child  Protection Act, the court shall rule on whether the anonymity of a woman 
63.16 	upon whom an abortion has been performed or induced or attempted to be performed 
63.17 	or induced shall be preserved from public disclosure if she does not give her consent 
63.18 	to such disclosure.  The court, upon motion or sua sponte, shall make such a ruling 
63.19 	and, upon determining that her anonymity should be preserved, shall issue orders to the 
63.20 	parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of 
63.21 	individuals from courtrooms or hearing rooms to the extent necessary to safeguard her 
63.22 	identity from public disclosure.  Each such order shall be accompanied by specific written 
63.23 	findings explaining why the anonymity of the woman should be preserved from public 
63.24 	disclosure, why the order is essential to that end, how the order is narrowly tailored to 
63.25 	serve that interest, and why no reasonable, less restrictive alternative exists.  In the absence 
63.26 	of written consent of the woman upon whom an abortion has been performed or induced 
63.27 	or attempted to be performed or induced, anyone, other than a public official, who brings 
63.28 	an action under section 145.4145, subdivision 2, shall do so under a pseudonym. This 
63.29 	section may not be construed to conceal the identity of the plaintiff or of witnesses from 
63.30 	the defendant or from attorneys for the defendant.

63.31 	Sec. 10. [145.4147] SEVERABILITY.
63.32 	If any one or more provisions, sections, subsections, sentences, clauses, phrases, 
63.33 	or words of sections 145.4141 to 145.4148, or the application thereof to any person or 
63.34 	circumstance is found to be unconstitutional, the same is hereby declared to be severable 
64.1 	and the balance of sections 145.4141 to 145.4148 shall remain effective notwithstanding 
64.2 	such unconstitutionality.  The legislature hereby declares that it would have passed 
64.3 	sections 145.4141 to 145.4148, and each provision, section, subsection, sentence, clause, 
64.4 	phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, 
64.5 	subsections, sentences, clauses, phrases, or words of sections 145.4141 to 145.4148, or the 
64.6 	application of sections 145.4141 to 145.4148, would be declared unconstitutional.

64.7 	Sec. 11. [145.4148] SUPREME COURT JURISDICTION.
64.8 	The Minnesota Supreme Court has original jurisdiction over an action challenging 
64.9 	the constitutionality of sections 145.4141 to 145.4147 and shall expedite the resolution 
64.10 	of the action.